74 Search Results

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.

October 31, 2018 |
Amendments to Section 205 of the Federal Power Act May Not Have Intended Result

Click for PDF Last week, President Trump signed into law the America's Water Infrastructure Act of 2018 (the "Act") that, among other things, amends Section 205 of the Federal Power Act to make it easier to challenge new electric transmission rates for utilities regulated by the Federal Energy Regulatory Commission ("FERC" or "the Commission"). In recent years problems have arisen when the FERC Commissioners are evenly split on an issue (i.e., two-to-two with one Commissioner seat vacant) and when the Commission lacks a quorum of Commissioners (i.e., three or four Commissioner seats are vacant).  In either case, the Commission is unable to issue an order on the merits and thus the Section 205 applications are deemed accepted as a matter of law after 60 days.  Also problematic in these instances is that, because there is no written order, there is nothing to appeal.  Congress passed the Act to, among other things, address this problem and allow for an appeals process. Under Section 205 of the Federal Power Act, absent waiver, FERC-jurisdictional electric utilities must give the Commission and the public 60-days' notice of any proposed changes to the rates, terms and conditions for transmission service or wholesale sales of electricity.  16 U.S.C. § 824d.  In that 60-day period, the Commission may issue an order accepting, amending, or rejecting the proposed rates, terms and conditions.  It may also take other action such as ordering a trial-like hearing.  Entities displeased with the order may appeal it to the federal courts, but only after they have sought and the Commission has denied a request for rehearing. If the Commission takes no action in that 60-day period, then the rates become effective automatically but, without a written order from the Commission.  This has happened only rarely.  But if it does happen, and there is no written order, then there is no order upon which to request rehearing and thus no avenue for seeking judicial appeal. In recent years there have been multiple prolonged vacancies at the Commission, resulting in either a lack of quorum or two-to-two splits on a matter.  As a result, there may be instances in which the Commissioners are split two-to-two and thus are unable to act upon a Section 205 filing within the statutory 60-day period. This problem first gained lawmakers' attention after a contentious ISO New England capacity auction in 2014 whose results were filed with FERC for approval under Section 205.  At that time, FERC had four Commissioners who were split two-to-two on whether to approve the auction results.  Consequently, the auction results went into effect by default when the 60-day notice period expired and there was no order for aggrieved parties to challenge before the Commission or in court.  See Notice of Filing Taking Effect by Operation of Law, ISO New England Inc., Docket No. ER14-1409-000 (Sept. 16, 2014). The Act amends Section 205 of the Federal Power Act to address similar results when the Commission is split "two against two . . . as a result of vacancy, incapacity, or recusal, or if the Commission lacks a quorum."  In those circumstances, the new law provides that "the failure to issue an order accepting or denying" a changed rate "shall be considered to be an order issued by the Commission accepting the change," and requires each Commissioner to issue a written statement with his or her views on the change.  In addition, the Act provides that if "the Commission fails to act on the merits of the rehearing request [within 30 days] because the Commissioners are divided two against two . . . or if the Commission lacks a quorum, such person may appeal [to federal court]."  This language appears in the new Section 205(g). Perhaps unintentionally, the amended law does not fully resolve the problem Congress seeks to correct as there are at least two ways in which the objective can still be undermined.  Importantly, while the Act permits a path forward towards filing an appeal, entities remain statutorily required to first file requests for rehearing.  In instances where the Commission is divided two-to-two, it could issue a tolling order on the request for rehearing (which is very often done), and this order would indefinitely toll the statutory deadline for issuing a decision on the rehearing request.  Notably, these circumstances are only present when the Commission is split two-to-two, and do not apply when the Commission lacks a quorum. If FERC instead wishes to "kick the can down the road" until five Commissioners are seated, it can issue an order tolling the 30-day deadline and explicitly stating that it needs more time to deliberate and that it is not issuing the tolling order due to a two-to-two split but instead is doing so for some other reason.  Because the new language in Section 205(g) applies only when the Commission fails to issue an order due to a two-to-two split, a tolling order that is specifically not issued for that reason would fall outside the new law's purview.  The rehearing request could remain undecided and un-appealable indefinitely. A second, thornier problem could arise if a four-member Commission issues a tolling order for a rehearing request but does not explain why it is being issued.  This is a likely scenario, as most tolling orders are brief and boilerplate.  An aggrieved party could interpret FERC's silence to mean that the Commission is divided two-to-two on the merits.  Accordingly, that party could understand that the new Section 205(g) applies and that the rehearing request is denied as a matter of law after 30 days pass without a FERC order on the merits, and seek judicial review.  The court would need to decide whether it has jurisdiction under the new law, and in turn decide novel questions like whether the challenging party or FERC has the burden to prove that the Commission did or did not issue the tolling order due to a two-to-two split. Because the Commission is currently short a member, and there may be prolonged periods in the future when the Commission lacks five members, the coming months may test the new law's efficacy.

Gibson Dunn's Energy, Regulation and Litigation lawyers are available to assist in addressing any questions you may have regarding the developments discussed above.  To learn more about these issues, please contact the Gibson Dunn lawyer with whom you usually work, or the authors: William S. Scherman - Washington, D.C. (+1 202-887-3510, wscherman@gibsondunn.com) Jeffrey M. Jakubiak - New York (+1 212-351-2498, jjakubiak@gibsondunn.com) Jennifer C. Mansh - Washington, D.C. (+1 202-955-8590, jmansh@gibsondunn.com) Amy E. Mersol-Barg - Washington, D.C. (+1 202-955-8529, amersolbarg@gibsondunn.com) © 2018 Gibson, Dunn & Crutcher LLP Attorney Advertising:  The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice.

October 1, 2018 |
Congress Clarifies Statutory Thresholds for FERC Merger Approvals

Click for PDF On September 28, 2018, President Trump signed into law amendments to Section 203 of the Federal Power Act that, among other things, narrow the scope of transactions that require prior approval from the Federal Energy Regulatory Commission (“FERC”).  The changes become effective on March 27, 2019. Presently, FERC prior approval is required anytime a public utility or an affiliate of a public utility acquires facilities subject to FERC’s jurisdiction (i.e., it engages in a “utility merger”)—regardless of value.  The new law establishes a $10 million threshold for such transactions and also requires after-the-fact reporting of such transactions involving assets valued between $1 million and $10 million. This amendment fixes inconsistencies in the Federal Power Act and eases significantly the regulatory burden associated with the purchase of smaller and/or lower value, FERC-jurisdictional assets.  Under the Energy Policy Act of 2005, Congress eliminated entirely any clear monetary threshold for utility merger approvals while at the same time increasing the threshold from $50,000 to $10 million for all other types of sales and purchases requiring FERC approval.  Since the statute was silent regarding any sort of de minimis threshold utility merger approvals, FERC interpreted its authority to extend to all such mergers regardless of the value of the facilities.  This has led to numerous applications to FERC for approval of transactions involving minimally valued assets (some as low as $1), frustration on the part of some utilities, and some entities incurring fines from the FERC Office of Enforcement due to erroneous reading of a $10 million threshold into the statute. The amended Section 203(a)(1) will also significantly ease the regulatory burden associated with the sales of lower value, FERC-jurisdictional assets.  Applications to FERC under Section 203 are burdensome to compile and it can often take months before the Commission issues an order on the request.  This amendment will help to encourage sales of less valuable FERC-jurisdictional assets while also freeing up the Commission to focus on other matters. Starting on March 27, 2019, entities wishing to engage in transactions involving FERC-jurisdictional assets of more than $10 million must continue to request FERC approval for consummating the transaction.  Entities wishing to engage in transactions involving FERC-jurisdictional assets between $1 million and $10 million do not need to seek FERC pre-approval, and instead must only notify FERC of the transaction within one month of the closing.  Transactions involving FERC-jurisdictional assets below the $1 million threshold do not need to be reported.

Gibson Dunn's Energy, Regulation and Litigation lawyers are available to assist in addressing any questions you may have regarding the developments discussed above.  To learn more about these issues, please contact the Gibson Dunn lawyer with whom you usually work, or the authors: William S. Scherman - Washington, D.C. (+1 202-887-3510, wscherman@gibsondunn.com) Jeffrey M. Jakubiak - New York (+1 212-351-2498, jjakubiak@gibsondunn.com) Jennifer C. Mansh - Washington, D.C. (+1 202-955-8590, jmansh@gibsondunn.com) © 2018 Gibson, Dunn & Crutcher LLP Attorney Advertising:  The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice.

August 1, 2018 |
Who’s Who Legal Recognizes Nine Gibson Dunn Partners

Nine Gibson Dunn partners were recognized by Who’s Who Legal in their respective fields. In Who’s Who Legal Corporate Tax 2018, three partners were recognized: Sandy Bhogal (London), Hatef Behnia (Los Angeles) and Eric Sloan (New York). In the 2018 Who’s Who Legal Project Finance guide, two partners were recognized: Michael Darden (Houston) and Tomer Pinkusiewicz (New York). In the Who’s Who Legal Labour, Employment & Benefits 2018 guide, two partners were recognized: William Kilberg (Washington, D.C.) and Eugene Scalia (Washington, D.C.). Two partners were recognized by Who’s Who Legal Patents 2018: Josh Krevitt (New York) and William Rooklidge (Orange County). These guides were published in July and August of 2018.

July 31, 2018 |
EPA Amendments to the Coal Ash Rule

Click on PDF On July 30, 2018, the Environmental Protection Agency ("EPA") published a final rule amending the national minimum criteria for existing and new landfills and surface impoundments that contain coal combustion residuals ("CCR"), also known as coal ash.[1]  This rule, which directly affects over four hundred coal-fired electricity generating plants nationwide, is the first in a series of anticipated amendments altering regulations promulgated under the Obama Administration to address the disposal of coal ash in landfills and surface impoundments.  This first phase of regulatory changes has three key elements:

  1. It adopts two alternative performance standards that either participating state directors or the EPA may apply to owners and operators of CCR units;
  2. It revises groundwater protection standards ("GWPS") for four regulated constituents which do not have an established maximum contaminant level under the Safe Drinking Water Act; and
  3. It extends certain deadlines by which facilities must cease the placement of waste in CCR units that are closing.

I.   Background and Context

Coal ash is produced from the burning of coal in coal-fired power plants.  According to the American Coal Ash Association, approximately 110 million tons of coal ash are generated every year, making it one of the most-generated forms of industrial waste in the United States.  While over one-third of all coal ash produced in the United States is recycled into construction materials, such as concrete or wallboard, a significant amount must be disposed of each year.  Coal ash contains contaminants like mercury, cadmium, and arsenic, which can pose environmental and health risks if not properly managed or disposed of. On April 17, 2015, the Obama Administration promulgated regulations setting federal standards for the disposal of coal ash pursuant to its authority under the Resource Conservation and Recovery Act, notably regulating such waste as a solid waste pursuant to Subtitle D, rather than as a hazardous waste pursuant to Subtitle C.[2]  The regulations addressed the risks associated with disposal, including leaking of contaminants into ground water, blowing into the air as dust, and catastrophic failure of coal ash surface impoundments.  EPA set certain minimum criteria consisting of location restrictions, design and operating criteria, groundwater monitoring and corrective action requirements, closure and post-closure care requirements, and record keeping, notification, and internet posting requirements. It also required unlined CCR surface impoundments contaminating groundwater above certain protection standards to stop receiving wastes and either retrofit or close, except in certain circumstances. Congress subsequently passed the Water Infrastructure for Improvements to the Nation ("WIIN") Act, signed into law on December 16, 2016, which authorized EPA-approved state permitting programs to regulate coal ash disposal.[3]  Under the WIIN Act's Section 2301, states may develop and operate their own permitting programs that adhere to, or are at least as protective as, the EPA's standards.  On June 18, 2018, Oklahoma became the first (and so far only) state to have its permit program approved for the management of coal ash.  The EPA regulates coal ash disposal in states that choose not to implement permitting programs or that have inadequate programs that fail to meet federal standards.

II.   Amendments to the 2015 Regulations

On September 13, 2017, the EPA granted petitions from certain industry groups requesting reconsideration of certain provisions of the 2015 regulations in light of the WIIN Act and other factors.  EPA announced that it anticipates completing reconsideration of all provisions in two phases:  a first phase, which includes these amendments, to be finalized no later than June 2019, and a second phase to be proposed by September 30, 2018 and finalized by December 2019. The recently signed Amendments constituting phase one, part one, make three major changes to the prior regulations governing coal ash management and disposal.  First, EPA adopted two alternative performance standards that either participating state directors in states with approved CCR permit programs, or EPA where it is the permitting authority, may apply to owners and operators of CCR units:  (1) the suspension of groundwater monitoring requirements if there is evidence that there is no potential for migration of hazardous constituents to the uppermost aquifer during the active life of the unit and post-closure care; and (2) the issuance of technical certifications in lieu of the current requirement to have professional engineers issue certifications. Second, the Amendments revise the GWPSs for the four constituents[4] which do not have established maximum contaminant levels under the Safe Drinking Water Act, in place of the background levels under 40 CFR § 257.95(h)(2).  This revision adopts national criteria as health-based standards available to facilities to use to compare against monitored groundwater concentrations and to develop cleanup goals. Finally, the Amendments extend the deadline for when CCR units closing for cause must initiate closure under two circumstances:  (1) where the facility has detected a statistically significant increase from an unlined surface impoundment above a GWPS; and (2) where the unit is unable to comply with the aquifer location restriction.  With respect to unlined surface impoundments, the Amendments extend the 90-day period in which the owner or operator is to perform the required analysis and demonstrations by 18 months, until October 31, 2020.  With respect to aquifer location restrictions, the revision extends the timeframes during which facilities may continue to use the units by the same period, until October 31, 2020.  The EPA states that this extension allows facilities time to adjust their operations and better coordinate engineering, financial, and permitting activities. Generally speaking, these changes reduce the compliance obligations for facilities managing coal ash surface impoundments and provide increased flexibility in the management of coal ash.  They also grant the industry more time for compliance with the 2015 regulations, addressing concerns about feasibility of compliance within the original deadlines. These regulations are subject to challenge, even as EPA considers additional rulemakings to address other aspects of the 2015 coal ash rule.  In addition, EPA is currently scheduled to propose revisions to the Clean Water Act's Effluent Limitation Guidelines applicable to steam electric power generators in December 2018, potentially posing added challenges relating to overlapping compliance schedules relevant to the management and disposal of coal ash.  In light of the ongoing complexities of the regulatory landscape, owners or operators of coal ash disposal facilities should evaluate how these proposed changes will impact their operations, costs, and investments.

   [1]   See Hazardous and Solid Waste Management System:  Disposal of Coal Combustion Residuals from Electric Utilities; Amendments to the National Minimum Criteria (Phase One, Part One); Final Rule (83 Fed. Reg. 36435, July 30, 2018) (hereinafter, the "Amendments").
   [2]   40 C.F.R. § 257 pt. D.
   [3]   Water Infrastructure for Improvements to the Nation Act, Pub. L. No. 114-322, 130 Stat. 1628 (2016).
   [4]   These four constituents are cobalt, lithium, molybdenum, and lead.

The following Gibson Dunn lawyers assisted in the preparation of this client alert: Avi Garbow and Courtney Aasen.

Gibson Dunn's lawyers are available to assist with any questions you may have regarding these issues.  For additional information about this regulatory change and other regulations affecting the management and disposal of coal ash, or related litigation, please contact the Gibson Dunn lawyer with whom you usually work or the following leaders of the firm's Environmental Litigation and Mass Tort practice group:

Avi S. Garbow (+1 202-955-8558, agarbow@gibsondunn.com) Daniel W. Nelson (+1 202-887-3687, dnelson@gibsondunn.com) Peter E. Seley (+1 202-887-3689, pseley@gibsondunn.com)

© 2018 Gibson, Dunn & Crutcher LLP

Attorney Advertising:  The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice.

July 2, 2018 |
Who’s Who Legal Recognizes Five Gibson Dunn Partners in Energy

Five Gibson Dunn partners were recognized in Who’s Who Legal’s Energy 2018 guide:  Houston partners Michael Darden and Hillary Holmes, London partner Anna Howell, Singapore partner Brad Roach, and Washington, D.C. partner William Scherman. Additionally, Brad Roach was recognized as a Thought Leader in energy. The guide recognizes lawyers based on their “experience advising on some of the world’s most significant and cutting-edge legal matters.” The list was published July 2, 2018.

June 1, 2018 |
Houston Business Journal Names Justin Stolte to its 40 under 40

Justin Stolte has been named to Houston Business Journal’s 40 Under 40 Class of 2018, featuring “aspirational young professionals” selected for “leadership, overcoming challenges and community involvement.” His profile ran June 1, 2018.  

May 25, 2018 |
Gibson Dunn Receives Chambers USA Excellence Award

At its annual USA Excellence Awards, Chambers and Partners named Gibson Dunn the winner in the Corporate Crime & Government Investigations category. The awards “reflect notable achievements over the past 12 months, including outstanding work, impressive strategic growth and excellence in client service.” This year the firm was also shortlisted in nine other categories: Antitrust, Energy/Projects: Oil & Gas, Energy/Projects: Power (including Renewables), Intellectual Property (including Patent, Copyright & Trademark), Labor & Employment, Real Estate, Securities and Financial Services Regulation and Tax team categories. Debra Wong Yang was also shortlisted in the individual category of Litigation: White Collar Crime & Government Investigations. The awards were presented on May 24, 2018.