Gibson Dunn is pleased to announce that Jina Choi, most recently the Chief of the Corporate and Securities Fraud Section at the U.S. Attorney’s Office for the Northern District of California, has joined the firm’s San Francisco office as a partner in the Securities Enforcement and the White Collar Defense and Investigations Practice Groups. Jina also previously served as Director for the U.S. Securities and Exchange Commission (SEC)’s San Francisco Regional Office, affording her unrivaled insights into the Bay Area and Silicon Valley’s enforcement landscape. Jina’s practice will focus on internal and government investigations and enforcement actions, as well as civil litigation and compliance-related challenges.
“Jina brings a rarefied skill set in the government enforcement space, as a combined veteran of high-level roles as a federal prosecutor, SEC enforcement lawyer, and defense lawyer, and we are thrilled to welcome her to our market-leading team,” said Winston Y. Chan, Co-Chair of the firm’s White Collar Defense and Investigations Practice Group. “Jina’s varied and deep enforcement and investigations experience will provide clients with the first-hand knowledge, relationships, and strong reputation that only come from having been in the room at the highest levels of federal law enforcement in the Bay Area.”
Commenting on Jina’s arrival, David Woodcock, Co-Chair of the firm’s Securities Enforcement Practice Group, added: “Jina is well known in the Bay Area and beyond as a highly respected and seasoned securities enforcement lawyer, having led some of the SEC’s most complex and ground-breaking enforcement actions. Jina will enhance our leading practice and provide immense value to our global clients who rely on Gibson Dunn for its holistic approach to managing complex securities issues.”
“Gibson Dunn’s government investigations and white collar practice is exceptional, and I am excited to bring additional Northern California strength to the firm’s tremendous platform,” said Jina. “Global companies are facing investigations and enforcement actions on multiple fronts, especially tech clients in Silicon Valley and the Bay Area. I look forward to beginning the next chapter of my career alongside this group of tremendously talented colleagues as we guide clients through this fluid regulatory and enforcement period.”
Gibson Dunn has a deep bench of seasoned securities enforcement partners. The firm recently added Osman Nawaz, former SEC Enforcement Senior Officer and National Unit Chief, to build on the firm’s strength. Notable recent government white collar investigations hires include Matthew Axelrod, former Principal Associate Deputy Attorney General at DOJ, and Jake M. Shields, former Senior Trial Counsel in the Fraud Section of the Civil Division at DOJ.
About Jina Choi
Prior to joining Gibson Dunn, Jina served as the Chief of the Corporate and Securities Fraud Section at the U.S. Attorney’s Office for the Northern District of California, where she oversaw some of the most complex criminal investigations and prosecutions in the Bay Area.
Over the course of two decades, Jina served in a number of public service roles. She had a notable tenure at the SEC as Regional Director. Under her leadership, the San Francisco office brought numerous high-impact enforcement actions. Her SEC tenure included serving as an Assistant Regional Director and Branch Chief. Previously, Jina served as a trial attorney in the Civil Rights Division at DOJ and as an Assistant U.S. Attorney at the U.S. Attorney’s Office for the Northern District of Texas.
Jina earned her law degree from Yale Law School, where she served as Executive Editor of the Yale Law & Policy Review. Following graduation, she served as law clerk to the Honorable Robert P. Patterson, Jr. in the U.S. District Court for the Southern District of New York. She also served as a partner at a major international law firm.
A Gibson Dunn trial team secured a resounding victory for client Energy Transfer in a case that held that First Amendment rights did not extend to violent and destructive behavior. After more than three weeks of trial in North Dakota, a state court jury awarded over $660 million in damages against Greenpeace and its affiliates. Energy Transfer had argued that Greenpeace had facilitated trespass, nuisance, and civil conspiracy in relation to demonstrations held against the Dakota Access Pipeline.
Energy Transfer turned to Gibson Dunn after the case survived the motion to dismiss phase, seeking seasoned trial counsel. In what was termed the “ground torts,” encompassing physical damage to the pipeline and equipment, along with increased security costs, Gibson Dunn aimed to prove that the people on the ground in North Dakota were funded and coordinated by trainers sent and paid for by Greenpeace to organize everyone in the camps surrounding the construction. Gibson Dunn also significantly narrowed the defamation claims to the nine most malicious statements, specifically designed to harm Energy Transfer’s standing in the international finance community, to show that Greenpeace deceptively and maliciously communicated with the international finance community in a malicious and deceptive way to “toxify” any relationship with Energy Transfer.
The Gibson Dunn team included partners Trey Cox, Collin Cox, and Gregg Costa, and associates Ben Betner, Travis Jones, Lara Kakish, Brian Sanders, Bryston Gallegos, Cody Johnson, Johanna Smith, and Hunter Heck.
The case is Energy Transfer v. Greenpeace, Inc. No. 30-2019-0V-00180 (N.D. Dist. Ct.)
Gibson Dunn advised Elk Range Royalties on the landmark acquisition of a significant mineral and royalty position spanning approximately 250,000 net royalty acres in the DJ Basin from affiliates of Occidental. The $905 million transaction significantly expands Elk Range’s presence in a premier oil and gas region and aligns with Elk Range’s strategy of acquiring attractive royalty assets in core basins.
The Gibson Dunn corporate team was led by partner Rahul Vashi and included associates Chris Atmar and Kene Obi. Partner Matt Donnelly and associate Hayden Theis advised on tax aspects; and counsel Andrew Cline advised on antitrust aspects.
Gibson Dunn is pleased to announce that James O’Donnell has today joined the firm’s London office as a partner in its Investment Funds Practice Group.
Commenting on James’ arrival, Shukie Grossman, Global Chair of Gibson Dunn’s Investment Funds Practice Group, said: “We have been expanding our elite Investment Funds Practice, and, as one of London’s leading investment funds practitioners, James is a natural fit, and a very welcome addition. James’ practice encompasses fund formation and strategic arrangements with institutional investors, and he is known as a market leader in advising on matters that sit at the intersection of these disciplines.”
“With Gibson Dunn’s prestigious global platform, and its fast-growing transactional practices in London, this is a fantastic opportunity, and a wonderful way to start the year. We have great ambitions for our London funds team, and I’m excited to begin working with new colleagues in London and internationally as part of the elite funds transaction practice,” said James.
James is joined by Hannah Watson Fanin, with whom he has worked for many years. Hannah, who is ranked as ‘Up and Coming’ by Chambers UK 2025 for Investment Funds — Investor Representation, will join the firm as of counsel.
Gibson Dunn has expanded its transactional practices in London, with other recent arrivals including M&A partner Will McDonald, private equity partner Will Summers, and finance partners Kavita Davis and David Irvine. The London office has also been joined in recent years by transactional partners Isabel Berger, Alice Brogi, Wim de Vlieger, Robert Dixon, Federico Fruhbeck, and Till Lefranc.
About James O’Donnell
James advises sponsors of, and investors in private investment funds. His experience includes the establishment and operation of funds, managed accounts and joint ventures, carried interest arrangements, management spin-outs, and secondary and co-investment transactions. His clients include fund managers, fund-of-funds managers, sovereign wealth funds, banks, development finance institutions, pension plans and insurance companies.
James is recommended for Investment Fund Formation and Management: Private Funds in Legal 500 United Kingdom 2025 and has consistently been ranked Band 1 for UK-wide Investment Funds: Investor Representation in Chambers UK 2025, where clients describe him as “absolutely top of the class, top in his field” and a “shining star of the funds sector.” He is also ranked for Africa-wide Investment Funds in Chambers UK 2025.
James earned his BA Honours History at the University of Durham.
About Hannah Watson Fanin
Hannah’s experience spans a variety of fund-related transactions, from fund formation, co-investments and secondary transactions, through to GP and LP-led restructurings, enforcement actions and advising on end-of-life issues. Having worked in-house prior to joining her previous firm, Hannah has first-hand knowledge of the unique needs and objectives of institutional investors.
Hannah is described by Chambers UK 2025 as being a “fantastic lawyer” who “consistently provides expert advice, leads negotiations and represents our interests with aplomb.”
Gibson Dunn has advised funds managed by Oaktree Capital Management, L.P., and other investors in connection with the sale of a majority controlling stake in the energy solutions business OEG Energy Group to funds managed by Apollo affiliates. The transaction implies a headline valuation of more than $1 billion for OEG.
The London corporate team was led by partner Will Summers and of counsel Michael Skouras and included associates Valeriya Anopchenko, Oliver Hill, and Lena Tarrin. Partner Ben Fryer and associate Jason Richards advised on tax aspects, and partner David Irvine and associate Patrick Garrett advised on debt finance aspects. Partner Attila Borsos and associate Tyron Willey advised on antitrust aspects.
Gibson Dunn advised Veritas Capital and Frontgrade Technologies, a leading provider of high-reliability electronic solutions for space and national security missions, on Frontgrade’s acquisition of IDSI, LLC, the Defense Solutions division of Crescend Technologies, LLC.
The Gibson Dunn corporate team was led by partners John Pollack and Lilit Voskanyan and included of counsel Robert Banerjea and associates Nicolette Fata, Owen Alderson, and Mona Kalantar. Partner Aaron Adams advised on financing. Partner Matt Donnelly advised on tax aspects. Partner Michael Collins advised on benefits. Partner Kari Krusmark advised on commercial transactions aspects; and partner Meghan Hungate advised on IP aspects.
Gibson Dunn advised Schlumberger Holdings Corporation (SHC) and Schlumberger Investment S.A. (SISA), indirect wholly owned subsidiaries of Schlumberger Limited (SLB), in approximate $1.88 billion private exchange offers to exchange four series of outstanding senior notes issued by SISA for corresponding senior notes newly issued by SHC, and simultaneous consent solicitations from holders to certain proposed amendments to the indentures governing SISA’s outstanding senior notes. Goldman Sachs & Co. LLC, Morgan Stanley & Co. LLC and SG Americas Securities, LLC acted as dealer managers.
The Gibson Dunn capital markets team was led by partner Andrew Fabens and included of counsel Rodrigo Surcan and Justine Robinson and associates Alexandria Johnson and Alexis Levine. Partner Pamela Lawrence Endreny, of counsel Kate Long, and associate Melissa Murphy advised on tax aspects, and partner Michael Collins advised on benefits.
Gibson Dunn advised Forestar Group Inc. in a private offering of $500 million aggregate principal amount of 6.500% senior notes due 2033. The proceeds of the notes offering were used to fund Forestar’s tender offer to purchase any and all of its outstanding 3.850% Senior Notes due 2026 (of which $329,434,000 aggregate principal amount was tendered) and for general corporate purposes, including to repay borrowings under Forestar’s credit facility.
The Gibson Dunn corporate team was led by partners Robyn Zolman and Darius Mehraban and included associates Paul Rafla, Sarah Ediger, and Lauren Hernandez. Of counsel Rodrigo Surcan led the Tender Offer, and partner Michael Cannon and associate Blake Hoerster advised on tax aspects.
Gibson Dunn is pleased to announce that two of London’s preeminent restructuring partners, Chris Howard and Presley Warner, have today joined the firm’s Business Restructuring and Reorganization Practice Group. Counsel Simone Benton and senior associate Matthew Squire will also be joining the firm.
Commenting on their arrival, Scott Greenberg, Global Chair of Gibson Dunn’s Business Restructuring and Reorganization Practice Group, said: “Chris and Presley are phenomenal additions to our amazing global team. Their arrival rounds out our restructuring practice in Europe, where they will work closely with our top-ranked teams in Paris and the U.S. and builds on our significant momentum and success in the European markets which continue to be very busy.”
“Gibson Dunn has an impressive and fast-growing global platform that provides top-level, integrated restructuring advice to clients across the U.K., Europe, and the U.S. The firm is ambitious — and with recent mandates including the largest restructuring in the world this year — it has every right to be,” said Chris.
“Gibson Dunn is an elite firm, and we are excited by the strength of its bench, ambitious plans for growth, and collegial culture,” Presley added.
Chris and Presley have worked on some of the highest-profile restructurings in Europe, including acting for the senior lenders on Cineworld’s Chapter 11 and U.K. restructuring plan, for the sponsors on Annington’s liability management transaction, for the sponsors on Ambatovy’s U.K. restructuring plan, for the senior lenders on the Markbygden restructuring, and for Fidera on Fuerst’s U.K. restructuring plan.
They also advised on financings for JPMorgan and Goldman Sachs, and on event-driven financings such as Amgen’s $28 billion financing for its acquisition of Horizon Therapeutics. Chris and Presley are the co-authors of the definitive restructuring text, Restructuring Law & Practice.
The Gibson Dunn Business Restructuring and Reorganization Practice Group advises on the largest and most complex restructurings globally, dominating the market in the U.S. and Europe. It was named Lead Counsel in the league table for full-year 2024 in Debtwire’s Restructuring Advisory Mandates for North America. The group has significantly bolstered its offering globally over the past two years, with the arrival of partners Lisa Stevens (London), AnnElyse Gains (Washington, D.C.), Caith Kushner (New York), Ryan Kim (New York), and Melissa L. Barshop (Century City), and with the promotion of Stephen D. Silverman (New York) to partner.
About Chris Howard
Chris is a restructuring and finance lawyer, advising international corporations, investment and commercial banks, and financial sponsors on corporate restructurings and financings throughout Europe, the Middle East, and the United States. He joins Gibson Dunn from another leading U.S. firm where he was Head of European Restructuring.
Widely acknowledged as one of the leading restructuring lawyers in London, Chris is ranked Band 1 for Restructuring/Insolvency in the U.K. by Chambers UK 2025, where he has been ranked for 21 years. He is described as “market leading,” “phenomenal,” and “the guy you want on your side of the table.” Chris is also ranked Band 1 for Restructuring/Insolvency in Chambers Europe and Chambers Global, as well as in the Hall of Fame for Corporate Restructuring & Insolvency in London by Legal 500 United Kingdom.
Chris earned his LLB from the University of Leeds, and an LLM in International Financial Law from the University of Manchester. He is admitted to practice in England and Wales, and in New York.
About Presley Warner
Presley is a restructuring and finance lawyer, advising international corporations, investment and commercial banks, and financial sponsors on corporate restructurings and financings throughout Europe, the Middle East, and the United States. He joins Gibson Dunn from another leading U.S. firm where he was Head of European Credit and Leveraged Finance.
He is ranked as a leading lawyer for Banking & Finance: Big-Ticket work in the U.K. in Chambers UK, where he has been ranked for 21 years, as well as in Chambers Europe and Chambers Global. Presley is described as “extremely smart”, a “deal maker”, and a “great tactician.”
Presley earned his J.D. at the Faculty of Law at the University of Toronto. He is admitted to practice in England and Wales, and in New York.
Gibson Dunn is pleased to announce that Michael Saliba has joined the firm’s New York office as a partner in the Capital Markets Practice Group. Michael advises clients on a range of complex capital markets transactions, including registered and private equity financings such as high-yield debt, preferred stock, and other private credit transactions, and special situations and restructuring transactions.
“Michael’s broad-based finance practice perfectly aligns with the continued growth in our M&A, private equity, and restructuring practices, and we are thrilled to welcome him to Gibson Dunn,” said Andrew L. Fabens, Co-Partner in Charge of the New York office and Co-Chair of the firm’s Capital Markets Practice Group. “We are in a new world of capital markets. As U.S. markets rise and regulatory hurdles fall, deepening our premier transactional platform with an experienced, technically talented, and versatile capital markets lawyer like Michael will greatly benefit clients seeking to navigate today’s financing environment.”
“I’m delighted to begin the next chapter of my career alongside this extremely talented, collaborative, and elite Gibson Dunn team,” said Michael. “Gibson Dunn’s strength across key transactional areas, including capital markets, private credit, debt finance, and project finance offers the ideal platform to accelerate my practice. With the markets in growth mode, complexity in financing deal transactions is only expected to increase, making this an exciting time to be a capital markets lawyer.”
The firm’s transactional practices in New York have experienced significant synergistic growth with the addition of more than a dozen lateral partners over the past few years. Recent arrivals include private credit partner Ryan Kim, M&A partner George Sampas, private equity partner Brian Scrivani, and special situations partner Caith Kushner.
Gibson Dunn’s preeminent capital markets team provides a deep understanding of all complex capital markets deals for clients ranging from multinational corporations to startups, and from investment banks to private funds, across various industries and jurisdictions. This includes IPOs and other equity transactions, investment grade, high-yield, and other debt, converts, preferred stock, PIPEs, and liability management transactions.
About Michael Saliba
Michael has developed a wide-ranging practice advising issuers, underwriters, sponsors, and investors on a range of complex domestic and cross-border capital markets and hybrid finance transactions. He also regularly counsels clients on a variety of corporate and securities law matters, as well as high-yield debt covenant and debt structuring analyses.
Prior to joining Gibson Dunn, Michael served as a partner at another leading international law firm. He earned his law degree from Georgetown University Law Center in 2007.
Gibson Dunn has advised B2B TravelTech company HBX Group on the set-up and launch of The Luxurist, a fully integrated luxury travel ecosystem.
The Luxurist is a French premier booking platform that brings together exceptional properties and luxury-travel advisors to provide seamless travel planning and execution.
The Gibson Dunn team included partners Alice Brogi, Federico Fruhbeck and Ariel Harroch, and associates Frédéric Chevalier and Victor Milon.
Gibson Dunn advised investment manager Eurazeo in connection with its planned investment in software provider Mapal and the acquisition of a majority stake from PSG Equity, alongside the company’s management team and employees.
The Gibson Dunn corporate team was led by partner Will Summers and included of counsel Manjinder Tiwana and associates Charlotte Deans, Valeriya Anopchenko, Freddie Wright, Alex Eldredge, Konstantinos Flogaitis, and Lena Tarrin. Partner Ben Fryer, of counsel Bridget English, and associate Jason Richards advised on tax. Partner Ariel Harroch and associate Frédéric Chevalier provided additional corporate advice.
Gibson Dunn advised funds managed by Oaktree Capital Management, L.P. and its co-shareholders, Skagerak and OSM Maritime Partners, in connection with the sale of a controlling stake in global ship management group OSM Thome to institutional investors advised by J.P. Morgan Asset Management’s Global Transportation Group. Skagerak and OSM Maritime Partners will continue as shareholders in OSM Thome.
The Gibson Dunn corporate team was led by partner Will Summers and included of counsel Michael Skouras and associates Valeriya Anopchenko, Joanne Hughes, Ruby Taylor, and Alex Eldredge. Partner Ben Fryer and associate Jason Richards advised on tax, and partner Attila Borsos and associate Tyron Willey advised on antitrust.
Gibson Dunn is advising Publicis Groupe on its acquisition of Lotame, the world’s leading independent identity solution.
The Gibson Dunn corporate team is led by partner Quinton Farrar and includes associates Colette McNeela and Kira Dennis.
Gibson Dunn advised Crestview Partners on its acquisition of Smyth Companies, a premier, full-service provider of pressure sensitive labels, shrink sleeves, in-mold labels, glue-applied labels, and flexible packaging, from Novacap.
The Gibson Dunn corporate team was led by partner Alexander Fine and included of counsel Daisy Wu and associate Kyle Ezring. Partner Darius Mehraban, of counsel Jason Durschlag, and associate Matthew Ross advised on financing. Partner Matt Donnelly and associate Hayden Theis advised on tax aspects, and partner Michael Collins advised on benefits.
Partner Meghan Hungate and associates Sarah Scharf and Mona Mosavi advised on IP and data privacy aspects. Partner Christopher Timura and associates Chris Mullen and Karsten Ball advised on international trade aspects. Partner Michael Murphy and associate Phil Washburn advised on environmental aspects. Partner Kimberly Schlanger and associate To Nhu Huynh advised on real estate aspects.
Gibson Dunn advised Serena Williams, one of the world’s most celebrated athletes, in the acquisition of an ownership stake in the Toronto Tempo, the first Canadian Women’s National Basketball Association team.
The Gibson Dunn corporate team was led by partner Kevin Masuda and included associates Irina Dykhne and Joey Herman. Partner A.J. Frey and associate Kevin Lafferty advised on investment funds aspects.
Gibson Dunn has advised H.I.G. Capital, a leading global alternative investment firm managing $67 billion in capital, on its strategic investment in TIMETOACT GROUP.
The Gibson Dunn international private equity team was led by partners Till Lefranc, Dirk Oberbracht, Isabel Berger, and of counsel Aliresa Fatemi. The team also included of counsel Cason Moore, and associates Fabiana Obermeier, Lisa Hollfelder, and Sarah Reder.
Partner Benjamin Rapp and associate Daniel Reich advised on tax aspects. Partner Sebastian Schoon and of counsel Daniel Rogits advised on finance aspects. Partner Kai Gesing advised on privacy and IT matters. Partners Finn Zeidler and Katharina Humphrey advised on regulatory and compliance matters. Of counsel Peter Gumnior advised on employment law.
Gibson Dunn is pleased to announce the expansion of the firm’s International Arbitration Practice Group with the addition of Patrick W. Pearsall as a partner in Washington, D.C. Patrick is a leading lawyer in the areas of international arbitration and public international law who served in the U.S. State Department for nearly a decade working on economic diplomacy and departed as the Chief of Investment Arbitration. Since leaving government, Patrick has developed a robust practice advising multinational corporations and sovereign states on a variety of cross-border matters. He regularly appears before tribunals around the world. He is also regularly called upon by business leaders to advise on strategic political issues and disputes, or potential disputes, with governments (including the U.S. government). His practice will focus on international arbitration, complex commercial disputes, investment protection, public international law, and geopolitical crisis management.
“We are thrilled to welcome Patrick to Gibson Dunn,” said Rahim Moloo, Co-Chair of the firm’s International Arbitration Practice Group. “I have known Patrick for many years. He is well-respected because of his thoughtful counsel and rich experience. His experience includes advising and acting for businesses and states alike in their most challenging matters. That experience adds even greater depth to Gibson Dunn’s leading international disputes offering. Especially in today’s environment, Patrick will help us provide our clients with the perspective they need to effectively deal with their most challenging global disputes.”
“I am excited to join the Gibson Dunn team,” said Patrick. “We are in a moment of change unseen in our lifetimes and clients are now, more than ever, looking for strategic partners who will help them navigate this increasingly complex and dynamic environment. Gibson Dunn is a destination for clients with high-profile, high-stakes international issues that need careful thought and attention.”
Recognized leaders in the field of international arbitration, Gibson Dunn is a “go-to” firm for complex and high-value disputes. With more than 100 lawyers across 17 offices, the firm’s International Arbitration Practice Group seamlessly advises leading multinational corporations and sovereign states in proceedings before tribunals around the world. The team provides top-tier international arbitration capabilities in commercial and investor-state disputes, alongside cutting-edge arbitral award and judgment enforcement strategies and solutions.
About Patrick Pearsall
Prior to joining Gibson Dunn, Patrick led the disputes practice for the western hemisphere at an international law firm. For nearly a decade (2009-2017), he was a senior lawyer at the U.S. Department of State and departed as the Chief of Investment Arbitration. In addition to his representations, Patrick was on a drafting committee for revision of the International Chamber of Commerce Rules, was advisor on the revision of the American Arbitration Association Rules, and led the negotiations of several bilateral and multilateral treaties on behalf of the U.S. Government.
Patrick has extensive experience representing Fortune 500 companies and sovereign states in complex commercial contract and investment disputes. In addition to his commercial work, he is often called upon to assist companies and executives struggling with exposure from a geopolitical crisis. Accordingly, he is ranked by various directories as a leader in both international arbitration and public international law.
In 2022, Patrick was asked to create a reparations program for Ukraine. He holds a presidential appointment from Ukraine and is recognized as the principal architect of the Register of Damage for Ukraine now operating through the Council of Europe at The Hague. Patrick directs the International Claims and Reparations Project at Columbia Law School, where he is an adjunct professor.
Gibson Dunn advised Kraft Heinz Foods Company, as issuer, and The Kraft Heinz Company, as guarantor, on the issuance of $1 billion of USD-denominated senior notes and €600 million of Euro- denominated notes.
The proceeds of the offerings will be used for general corporate purposes, which may include the repayment of outstanding indebtedness. Citigroup Global Markets Inc., Deutsche Bank Securities Inc., J.P. Morgan Securities LLC, and Wells Fargo Securities, LLC acted as joint book-running managers for the USD offering and Citigroup Global Markets Limited, Deutsche Bank AG, London Branch, Goldman Sachs & Co. LLC, and J.P. Morgan Securities plc acted as joint book-running managers for the Euro offering.
The Gibson Dunn team was led by partners Andrew Fabens and Robert Giannattasio and included associates Nneka Chukwumah and Kevin Mills. Partner Pamela Lawrence Endreny and associate Galya Savir advised on tax aspects, and partner Michael Collins advised on benefits.
The Supreme Court issued a unanimous win for Gibson Dunn client Dewberry Group in a landmark opinion addressing available profits-related remedies under the Lanham Act. The Act provides that a prevailing trademark plaintiff may, “subject to the principles of equity,” recover the “defendant’s profits.” 15 U.S.C. § 1117(a). In this trademark dispute between Dewberry Group and Dewberry Engineering, the district court ordered Dewberry Group to disgorge nearly $43 million in profits realized only by its legally distinct corporate affiliates, which weren’t parties to the case. After a divided Fourth Circuit panel affirmed the award, the Supreme Court granted review. And after argument (Tom Hungar argued for Dewberry Group), the Court vacated the entire award in a 9–0 opinion authored by Justice Kagan.
The Supreme Court emphatically rejected the basis on which the lower courts had defended the award, which had ordered Dewberry Group to disgorge the profits earned by its distinct affiliates. The Court’s opinion confirms that because the Lanham Act permits disgorgement only of the “defendant’s” profits, courts may not lump in the profits earned by non-parties—because doing so would require the court to disregard corporate formalities and treat distinct entities as if they were one and the same.
The Court’s opinion confirms the vital importance of respecting corporate separateness, allowing companies to structure their work and anticipate their liability in a sensible and predictable manner. Its holding will also reverberate beyond the Lanham Act to many other statutory schemes that permit parties to seek disgorgement and other remedies from defendants found liable.
The Gibson Dunn team included partners Tom Hungar, Helgi Walker, and Jonathan Bond, and associates Patrick Fuster, Matt Aidan Getz, and Christian Talley.
The case is Dewberry Group Inc. v. Dewberry Engineers Inc., No. 23-900 (S. Ct.)