Webcasts Archives

Please join us for a 60-minute webcast where we will explore the common challenges facing U.S. businesses subject to the European Union’s Corporate Sustainability Reporting Directive, or CSRD. We will delve into CSRD reporting approaches and considerations, the implications of the double materiality assessment, and the interplay of the CSRD with other reporting regimes and voluntary initiatives. This session is designed for U.S.-based companies expecting to report under the CSRD and will provide recommendations and practical insights to support in-house counsel, sustainability teams, and corporate advisors who are or may soon be preparing for the CSRD and the shift to mandatory sustainability reporting.

PANELISTS:

Ferdinand Fromholzer is a partner in the Munich office of Gibson, Dunn & Crutcher and a member of the firm’s corporate group. Ferdinand’s practice focuses on corporate law, in particular advising strategic and private equity investors on public and private M&A transactions. He also advises public companies on a wide range of legal issues, including disclosure requirements under capital market law, annual shareholders’ meetings, corporate structure measures and ESG aspects. He is also experienced in counseling on the duties and obligations of directors and officers, including in the context of compliance investigations.

Julia Lapitskaya is a partner in the New York office of Gibson, Dunn & Crutcher. She is a member of the firm’s Securities Regulation and Corporate Governance and its ESG (Environmental, Social & Governance) practices. Ms. Lapitskaya’s practice focuses on SEC, NYSE/Nasdaq and Securities Exchange Act of 1934 compliance, securities and corporate governance disclosure issues, corporate governance best practices, state corporate laws, the Dodd-Frank Act of 2010, SEC regulations, shareholder activism matters, ESG and sustainability matters and executive compensation disclosure issues, including as part of initial public offerings and spin-off transactions.

Lauren Assaf-Holmes is based in Gibson Dunn’s Orange County office, Lauren advises public companies across industries on ESG reporting and standards, regulatory compliance, and corporate governance matters as a member of the firm’s Environmental, Social, and Governance and Securities Regulation and Corporate Governance practice groups. Her practice benefits from more than a year serving as in-house securities counsel during her secondment with a global Fortune 100 semiconductor and technology company.

MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials. The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel. Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Although there are some commonalities between investigative approaches across all jurisdictions, there are some features peculiar to individual countries.

This session covers the basics of investigating in the UK but then zooms in on UK issues, including:

The cross-over of UK criminal and regulatory investigations and outcomes; Interaction with UK authorities;
UK authority powers to investigate and the implications for internal investigations;
UK approaches to legal professional privilege.

PANELISTS:

Patrick Doris is a partner in Gibson Dunn’s Dispute Resolution Group in London, where he specialises in global white-collar investigations, commercial litigation and complex compliance advisory matters. Patrick’s practice covers a wide range of disputes, including white-collar crime, internal and regulatory investigations, transnational litigation, class actions, contentious antitrust matters and administrative law challenges against governmental decision-making. He handles major cross-border investigations in the fields of bribery and corruption, fraud, sanctions, money laundering, financial sector wrongdoing, antitrust, consumer protection and tax evasion.

Patrick’s recent commercial disputes experience has extended to advising corporations, UK public bodies and sovereign states in claims in courts and tribunals in the UK and around Europe. He has particular expertise in antitrust cases, human rights disputes and collective actions.

Allan Neil is an English qualified partner in the dispute resolution group of Gibson, Dunn & Crutcher’s London office. His recent work involves large-scale multi-jurisdictional disputes and investigations (both regulatory and internal investigations) in the financial institutions sector.

Allan is recognised by The Legal 500 UK 2025 for Commercial Litigation, Banking Litigation: Investment and Retail and Regulatory investigations and corporate crime (advice to corporates), and has been awarded the Client Choice Award 2015 in recognition of his excellence in client service in the area of UK Litigation. Allan was called to the Bar by the Middle Temple in 2001, having been awarded the Queen Mother Scholarship in consecutive years, and named a Blackstone Entrance Exhibitioner.

Christopher Loudon is a Scottish qualified of counsel in the London office of Gibson, Dunn & Crutcher, and practises in the firm’s Dispute Resolution Group. He has broad-based commercial litigation and multi-jurisdictional investigations experience, with a particular focus on the financial services sector.

Since joining Gibson, Dunn & Crutcher, Christopher has worked on disputes before the English, French, Swiss, German, Dutch, Italian, US, BVI and Cayman courts, and in particular on a large number of cases in Luxembourg, including commercial, administrative and criminal matters. He also has considerable investigations experience, both in private practice and while seconded to the in-house Legal function at UBS in London. Most recently, this has included working on two criminal investigations in different jurisdictions arising out of the largest Ponzi scheme ever uncovered, and a high profile cross-border tax investigation. While on secondment at UBS, he was named responsible investigator for a multi-jurisdictional fraud investigation.

Marija Bračković is an associate in the London office of Gibson, Dunn & Crutcher. She is a member of the firm’s Litigation, White Collar Defense and Investigations, Fintech and Digital Assets and Privacy, Cybersecurity and Data Innovation Practice Groups.

Marija has substantial experience in both domestic and international dispute resolution, including litigation and investigations, and regulatory compliance and counselling across sectors, with a focus on fintech and emerging digital regulations. Her practice has an emphasis on high-profile and politically sensitive matters, such as cases relating to bribery, money laundering and allegations of cross-border and international crimes. Marija regularly advises on complex regulatory and compliance issues, including the scope and implementation of the emerging digital regulatory regime across the UK and EU, including the Digital Services Act, Online Safety Act and EU AI Act.

Amy Cooke is an English qualified barrister and associate in the London office of Gibson, Dunn & Crutcher. She practices in the firm’s Dispute Resolution Group and specializes in white collar investigations. Her recent work includes large-scale multi-jurisdictional disputes and investigations in the financial services sector.

Prior to joining Gibson Dunn, Amy was a lawyer at the Serious Fraud Office where she gained extensive experience of complex fraud and bribery investigations and prosecutions involving both corporate entities and high net worth individuals. She also dealt with a number of confiscation and restraint matters.

Amy also has a wide range of advocacy experience from her time at the independent bar, during which she handled a variety of criminal and civil cases.

MCLE CREDIT INFORMATION:

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1 hour.

Gibson, Dunn & Crutcher LLP is authorized by the Solicitors Regulation Authority to provide in-house CPD training. This program is approved for CPD credit in the amount of 1.0 hour. Regulated by the Solicitors Regulation Authority (Number 324652).

Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of this provider that this activity qualifies for up to 1 hour toward your annual CLE requirement in Connecticut, including 0 hour(s) of ethics/professionalism.

Application for approval is pending with the Colorado, Illinois, Texas, Virginia, and Washington State Bars.

Since the recent explosion of artificial intelligence (AI) in the public consciousness, numerous U.S. regulators at both the federal and state level, regulating a wide range of industries, have put a stake in the ground and declared it a priority to investigate potentially unlawful conduct involving AI systems and technologies. These regulators include, among others, the Department of Justice, Department of Homeland Security, Department of Health and Human Services, Securities and Exchange Commission, Federal Trade Commission, Consumer Financial Protection Bureau, Equal Employment Opportunity Commission, and as well as state Attorneys General. Their areas of concern and potential theories of liability include discrimination and bias in AI systems, particularly with respect to financial, employment, and health-related decisioning; antitrust/competition concerns, including regarding AI-driven price recommendations, variable pricing algorithms, and potential market dominance within certain AI-related industries; and protection of intellectual property rights. Companies involved in the development and deployment of AI systems should be aware of these regulatory concerns and thoughtful in their planning to reduce these risks, including in how they use, test, monitor, and market AI technologies.

PANELISTS:

Eric Vandevelde is a litigation partner in Gibson Dunn’s Los Angeles office. He is co-chair of the Artificial Intelligence practice group and a member of the firm’s White Collar, Privacy & Cybersecurity, and Intellectual Property practice groups. As a former federal prosecutor who previously supervised the Cyber & IP Crimes section of the U.S. Attorney’s Office in the Central District of California, Eric has significant first-chair trial experience, both while at the DOJ and in the private sector. He has a deep technical background, with a degree in computer science from Stanford and having worked as a software engineer in Silicon Valley and Latin America. He has repeatedly been ranked by Chambers and recognized by Super Lawyers and the Daily Journal, including as one of the Top 20 Cyber/Artificial Intelligence lawyers in California.

Eric has a broad practice—handling criminal and civil trials, internal investigations, enforcement matters, advisory work for boards and management, and product counseling—but nearly all of his matters lie at the intersection of technology and the law, and involve cutting edge issues in AI, cryptocurrency, data privacy, cybersecurity, biotech, fintech, gaming, and software. He has also represented clients in some of the highest profile, highest stakes cases in the country concerning government demands for personal data and technical assistance in connection with criminal and national security-related investigations. Eric is admitted to practice in the State of California.

Chris Whittaker is a partner in Gibson Dunn’s Orange County office. He is a member of the firm’s Litigation Department and its Antitrust & Competition, Intellectual Property, and Labor & Employment groups. Chris represents clients in a wide range of high-stakes, complex commercial cases, and he has significant experience in a broad range of subject areas, including pharmaceuticals, software development and maintenance, oil and gas, app store and handheld phone technology, semiconductors, logistics operations, health and beauty products, and direct-sales business models. Chris is experienced in all phases of litigation, including pleadings, discovery, dispositive motions, trials, and appeals. He currently serves on the national leadership team of the Federal Bar Association’s Antitrust and Trade Regulation Section. Chris has been recognized by Best Lawyers: Ones to Watch® in America for Appellate Practice, and Litigation – Intellectual Property (2024). He is admitted to practice in the State of California.

Poonam Kumar is of counsel in Gibson Dunn’s Los Angeles office and a member of its White Collar Defense & Investigations and Litigation practice groups. She is a former federal prosecutor with significant first-chair trial experience and an extensive background in handling high-stakes criminal and civil matters across a broad range of practice areas.

From 2014 to 2022, Poonam served as an Assistant United States Attorney in the United States Attorney’s Office for the Central District of California where she investigated and prosecuted complex financial crimes, including corporate and securities fraud, embezzlement, healthcare fraud, bank fraud, import/export crimes, tax crimes, and money laundering. Poonam was a Deputy Chief of the Major Frauds section where she supervised a large team of federal fraud prosecutors. Representative matters from her time at the U.S. Attorney’s Office include the investigation and prosecution of a multinational scheme to inflate revenue of a company publicly traded on a foreign exchange and to evade nearly $2 billion in import duties as well as the conviction at trial of a South Korean official for laundering bribes he received in connection with his government position. For her work with the Department of Justice, Poonam received the United States Attorney General’s John Marshall Award for Outstanding Achievement in 2020. She is admitted to practice in the States of California and New York.

MCLE CREDIT INFORMATION:

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

Join us for a 30-minute briefing covering several Executive Compensation practice topics. The program is the first in a new series of quarterly webcasts designed to provide quick insights into emerging issues and practical advice.

Topics discussed:

Learn about current practices in private company management compensation
Get up to speed on emerging public company compensation trends and top areas of focus for Compensation Committees
Be prepared for compensation-related litigation and enforcement trends

PANELISTS:

Krista Hanvey is Co-Chair of Gibson Dunn’s Employee Benefits and Executive Compensation practice group and Co-Partner in charge of the firm’s Dallas office. She counsels clients of all sizes across all industries, both public and private, using a multi-disciplinary approach to compensation and benefits matters that crosses tax, securities, labor, accounting and traditional employee benefits legal requirements. Ms. Hanvey has significant experience with all aspects of executive compensation, health and welfare benefit plan, and retirement plan compliance, planning, and transactional support. She also routinely advises clients with respect to general corporate and non-profit governance matters. Ms. Hanvey also oversees the Dallas office’s pro bono adoption program.

Michael Collins is a partner in the Washington, DC office of Gibson, Dunn & Crutcher. His practice focuses on all aspects employee benefits and executive compensation. His practice runs the full gamut of tax, ERISA, accounting, corporate, and securities law aspects of stock option, SAR, restricted stock, and employee stock purchase plans; tax-qualified retirement plans, nonqualified deferred compensation; SERPs; executive employment agreements, golden parachutes and other change in control arrangements; severance, confidentiality, and noncompete contracts; performance bonus and incentive plans; director’s pay; rabbi trusts; split dollar life insurance; excess benefit and top hat plans; and the like. He represents both executives and companies in drafting and negotiating employment arrangements.

Ekaterina (Kate) Napalkova is a partner in the New York office of Gibson, Dunn & Crutcher and a member of the Employee Benefits and Executive Compensation Practice Group. Kate advises public and private companies, private investment funds, boards of directors and management teams on a broad range of compensation and employee benefits matters. Her advice focuses on the compensation and employee benefits aspects of mergers and acquisitions, restructurings, public offerings, spin-offs and other corporate transactions. She is experienced in the negotiation and implementation of benefit and compensation plans, as well as compensation-related securities reporting and corporate governance matters.

John Curran is an associate in the New York office of Gibson, Dunn & Crutcher. He is a member of the firm’s Corporate Department and a member of the firm’s Executive Compensation and Employee Benefits Practice Group. His practices focuses on all aspects of executive compensation and employee benefits, including tax, ERISA, accounting, corporate, and securities law aspects of equity and other incentive compensation plans, qualified and nonqualified retirement and deferred compensation plans and executive employment and severance arrangements, including in connection with complex domestic and international business transactions. Prior to joining Gibson, Dunn & Crutcher, John was a corporate associate in the Executive Compensation Group at Davis Polk & Wardwell in New York, where he advised clients on equity-based incentive compensation, employment, severance plans and other executive compensation arrangements.

MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 0.5 credit hour, of which 0.5 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 0.5 hour.

Gibson, Dunn & Crutcher LLP is authorized by the Solicitors Regulation Authority to provide in-house CPD training. This program is approved for CPD credit in the amount of 0.5 hour. Regulated by the Solicitors Regulation Authority (Number 324652).

Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of this provider that this activity qualifies for up to 0.5 hour toward your annual CLE requirement in Connecticut, including 0 hour(s) of ethics/professionalism.

Application for approval is pending with the Colorado, Illinois, Texas, Virginia and Washington State Bars.

Please join us for a briefing where we explore corporate governance and ESG considerations in preparing for an Initial Public Offering (IPO) and becoming a public company. We delve into state-of-the-art corporate governance policies and practices that companies should implement in connection with the IPO process, ensuring alignment with market practices and evolving trends. Attendees will gain insights into investor and proxy advisor expectations, key issues under Delaware law and stock exchange listing standards.

This session is designed for executives, board members, inhouse counsel and corporate advisors preparing for an IPO or seeking to enhance their tailored and thoughtful governance and ESG practices.

Key topics include:

Market Practices and Trends: An overview of current governance trends, including board composition, board operations, and shareholder rights, and how companies should be thinking about positioning themselves.
Investor and Proxy Advisor Expectations: Understanding the criteria used by institutional investors and proxy advisors to evaluate a company’s corporate governance framework, including in the context of ESG.
Law Regulatory and State Law Requirements: Navigating the complexities and evolving landscape of corporate law in Delaware and Texas, including fiduciary duties and shareholder agreements, and stock exchange listing requirements and SEC requirements and disclosures.
ESG Considerations: Considerations regarding evolving ESG expectations, risks and practices, including their impact on marketing, investor relations, corporate governance, compliance with regulatory requirements.

PANELISTS:

Aaron Briggs is a partner in Gibson Dunn’s San Francisco, CA office, where he works in the firm’s Securities Regulation and Corporate Governance practice group. Mr. Briggs’ practice focuses on advising public companies of all sizes (from pre-IPO to mega-cap), with a focus on technology and life sciences companies, on a wide range of securities and governance matters.

Hillary Holmes is co-chair of the firm’s Capital Markets practice group and a member of the firm’s Securities Regulation & Corporate Governance, Mergers & Acquisitions, ESG, and Energy & Infrastructure Practice Groups. Hillary also serves as co-partner-in-charge of the Houston office and as a member the firm’s Executive Committee.

Lori Zyskowski is a partner in Gibson Dunn’s New York office and Co-Chair of the Firm’s Securities Regulation and Corporate Governance Practice Group. Ms. Zyskowski advises public companies and their boards of directors on corporate governance matters, securities disclosure and compliance issues, shareholder engagement and activism matters, shareholder proposals, environmental, social and governance matters, and executive compensation practices.

MCLE CREDIT INFORMATION:

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

The False Claims Act (FCA) is one of the most powerful tools in the government’s arsenal to combat fraud, waste, and abuse involving government funds—particularly federal health care program expenditures. DOJ and qui tam relators continued to pursue longstanding theories of fraud and abuse aggressively during the Biden Administration, while experimenting with new enforcement theories periodically. Meanwhile, newly filed FCA cases remain at historical peak levels, and the government has recovered nearly $3 billion or more annually under the FCA for over a decade. As much as ever, any company that receives government funds—especially in the life sciences and health care sectors—needs to understand how the government and private whistleblowers alike are wielding the FCA, and how they can defend themselves.

Please join us to discuss developments in the FCA, including:

The latest trends in FCA enforcement actions and associated litigation affecting life sciences and health companies.
Novel and aggressive theories advanced by DOJ and/or qui tam relators.
Updates on DOJ’s approach to FCA enforcement, including efforts to reward exemplary cooperation and to deter problematic qui tam filings.
The latest trends in FCA jurisprudence, including the U.S. Supreme Court’s Schutte decision on scienter, as well as appellate courts’ approach to causation issues in Anti-Kickback Statute-based FCA cases and the statute’s procedural bars.
Recent FDA developments that may contribute to FCA enforcement risk.

PANELISTS:

John Partridge, a Co-Chair of Gibson Dunn’s FDA and Health Care Practice Group and Chambers-ranked white collar defense and government investigations lawyer, focuses on government and internal investigations, white collar defense, and complex litigation for clients in the life science and health care industries, among others. John has particular experience with the Anti-Kickback Statute, the False Claims Act, the Foreign Corrupt Practices Act, and the Federal Food, Drug, and Cosmetic Act, including defending major corporations in investigations pursued by the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC). John is admitted to practice law in the states of California and Colorado, as well as in the District of Columbia and the U.S. Courts of Appeal for the Eighth and Tenth Circuits, the U.S. District Courts for the District of Colorado and the Northern District of California.

Jonathan M. Phillips is a partner in Gibson Dunn’s Washington, D.C. office where he focuses on compliance, enforcement, and litigation in the health care and government contracting fields, as well as other white collar enforcement matters and related litigation. A former Trial Attorney in DOJ’s Civil Fraud section, he has particular experience representing clients in enforcement actions by the DOJ, Department of Health and Human Services, and Department of Defense brought under the False Claims Act and related statutes. Jonathan is a member of the bars of the State of Maryland and the District of Columbia.

Katlin McKelvie is a partner in Gibson Dunn’s Washington, D.C. office and a member of the firm’s Food and Drug Administration (FDA) and Health Care Practice Group. With over two decades of experience in food and drug law, including as Deputy General Counsel of the Department of Health and Human Services (HHS), Katlin offers clients expansive knowledge of the complex legal and policy issues associated with FDA regulation of food, drugs, medical devices, and cosmetics.

As Deputy General Counsel at HHS, Katlin was responsible for advising senior HHS officials on FDA-related regulatory, enforcement, and litigation matters. Prior to joining HHS, she served as Deputy Health Policy Director and Senior FDA Counsel to the Senate Committee on Health, Education, Labor, and Pensions for Chair Patty Murray. As Committee staff, Katlin played a pivotal role in shaping multiple pieces of legislation the FDA is currently working to implement, most notably the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Food and Drug Omnibus Reform Act of 2022 (FDORA). Before her time in the Senate, Katlin spent 11 years at FDA, first as Regulatory Counsel in the Office of Prescription Drug Promotion in the Center for Drug Evaluation and Research and then as Associate Chief Counsel for Drugs in the Office of the Chief Counsel. She is admitted to practice law in the District of Columbia.

Jim Zelenay is a partner in Gibson Dunn’s Los Angeles office where he practices in the firm’s Litigation Department. Jim has extensive experience in defending clients involved in white collar investigations, assisting clients in responding to government subpoenas, and in government civil fraud litigation. Jim has represented clients in connection with alleged violations of environmental regulations, regulations governing trade with sanctioned countries, Department of Education rules and regulations, Food and Drug Administration regulations, Federal Emergency Management Agency regulations, government construction contracting matters, patent and telecommunication proceedings, and other administrative matters. Jim also has substantial experience with the federal and state False Claims Acts and whistleblower litigation, in which he has represented a breadth of industries and clients, including educational institutions, financial institutions, insurers, pharmaceutical companies, construction companies, telecommunication clients, emergency services personnel, and accounting firms, among others. Jim is a member of the California Bar.

MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.5 credit hour, of which 1.5 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.5 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

This year has reflected a dichotomy in SEC Enforcement. On one hand, the Enforcement Division has continued to pursue an aggressive agenda pressing expansive legal theories, increasing sanctions and broad rulemaking.

At the same time, certain Commissioners have publicly dissented from the some of the Division’s more aggressive positions, and the SEC has suffered a number of notable defeats in the courts, all of which have potentially broad implications for the Enforcement program.

Added to all of that is the potential for a shift enforcement focus with the upcoming change in administration, regardless of the outcome of the Presidential election.

Gibson Dunn attorneys, including two former SEC regional directors, will cover the latest hot topics in SEC Enforcement, including:

Implications of recent court decisions
Latest trends in SEC Enforcement
Strategies for mitigating risk of investigations and enforcement actions
Looking ahead to 2025 and beyond

PANELISTS:

Mark K. Schonfeld is a litigation partner in the New York office of Gibson, Dunn & Crutcher and co-chair of Gibson Dunn’s Securities Enforcement Practice Group. He is also a member of the firm’s Crisis Management, Accounting Firm Advisory and Defense and White Collar Defense and Investigations Practice Groups. Mark’s practice focuses on the representation of financial institutions, public companies, hedge funds, accounting firms and private equity firms in investigations conducted by the Securities and Exchange Commission (SEC), Department of Justice (DOJ), States Attorneys General, Financial Industry Regulatory Authority (FINRA) and other regulatory organizations. Mark also conducts internal investigations and counsels clients on compliance and corporate governance matters.

Prior to joining Gibson Dunn, Mark concluded a 12-year career with the SEC, the last four years as the Director of the New York Regional Office, the largest of the SEC’s regional offices. Mark oversaw professional staff of nearly 400 enforcement attorneys, accountants, investigators and compliance examiners engaged in the investigation and prosecution of enforcement actions and the performance of compliance inspections of more than 4,000 SEC registered financial institutions in the region. Mark led the New York Office through one of the most vibrant and rapidly evolving periods in the history of the SEC and securities law enforcement and brought many of SEC’s major landmark cases dealing with complex accounting fraud, mutual fund trading, hedge fund abuses, foreign bribery, insider trading and market manipulation. He is admitted to practice law in the State of New York.

David Woodcock is a partner in the Dallas and Washington offices of Gibson, Dunn & Crutcher. He is a co-chair of the firm’s Securities Enforcement Practice Group, and a member of the firm’s Securities Regulation and Corporate Governance, Accounting Firm Advisory and Defense; White Collar Defense and Investigations; Energy, Regulation and Litigation; Securities Litigation; and Oil and Gas Practice Groups. His practice focuses on internal investigations and SEC defense, with a particular emphasis on accounting and financial reporting, corporate compliance, and audit/special committee investigations. Mr. Woodcock regularly advises clients on corporate securities and governance, the role of the board, shareholder activism, and ESG-related issues, including the energy transition, climate disclosures, enterprise risk management practices, cybersecurity, and related U.S./European regulations. He also counsels investment advisors and private equity funds in the context of SEC examinations and investigations, ESG matters, and portfolio due diligence and compliance. David is admitted to practice law in the District of Columbia and the State of Texas.

Tina Samanta is a partner in the New York office of Gibson, Dunn & Crutcher. She is a member of the firm’s Litigation, Securities Enforcement, White Collar Defense and Investigations, and Securities Litigation Practice Groups. Tina’s practice focuses on representing financial institutions, corporations, and individuals in sensitive and high-stakes securities-related investigations and litigation. She has represented clients in investigations conducted by the Securities and Exchange Commission, the Department of Justice, the Financial Industry Regulatory Authority, the New York Attorney General’s Office, and numerous other regulatory authorities. She has also represented a diverse range of clients in all phases of litigation, including trial, before federal and state courts across the country. Tina is admitted to practice in the State of New York, as well as in the United States District Courts for the Southern and Eastern Districts of New York. She is a Co-Chair of the New York Office Women’s Committee.

MCLE CREDIT INFORMATION:

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1 hour.

Application for approval is pending with the Colorado, Illinois, Texas, Virginia, and Washington State Bars.

For the first time, the U.S. Environmental Protection Agency (EPA) has announced its intention to pursue a coordinated “strategic civil-criminal enforcement policy,” with targeted enforcement priorities that include mitigating climate change, addressing exposure to PFAS, and reducing air pollution in Environmental Justice communities. Working hand-in-hand with the Department of Justice’s Environmental Crimes Section (ECS), EPA has indicated that it will leverage the full array of compliance monitoring and enforcement tools to address violations of environmental laws and pursue new and innovative enforcement theories and remedies. Understanding these policies and trends, and critically examining recent criminal case studies, will help regulated parties anticipate, avoid, and defend against environmental criminal enforcement.

Please join our panelists from Gibson Dunn’s White Collar Defense and Investigations and Environmental Litigation and Mass Tort practice groups as they discuss the current environmental criminal enforcement landscape, analyze lessons learned from recent criminal resolutions of note, and anticipate potential changes in environmental criminal enforcement as a result of the 2024 presidential election.

PANELISTS:

Michael S. Diamant is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he is a member of the White Collar Defense and Investigations Practice Group and serves on the firm’s Finance Committee. His practice focuses on white collar criminal defense, internal investigations, and corporate compliance. He has represented clients in an array of matters, including accounting and securities fraud, antitrust violations, and environmental crimes, before law enforcement and regulators, including the U.S. Department of Justice and the Securities and Exchange Commission. Among Michael’s environmental crime representations are investigations involving diesel emissions and related criminal issues. Michael also has managed numerous internal investigations for publicly traded corporations and conducted fieldwork in nineteen different countries on five continents. He is admitted to practice in the District of Columbia and the Commonwealth of Virginia.

Rachel Levick is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where she practices in the firm’s Litigation Department and is a member of the Environmental Litigation and Mass Tort and Environmental, Social and Governance (ESG) Practice Groups. Rachel represents companies across multiple industries in a wide range of federal and state litigation, agency enforcement actions, and administrative rulemaking proceedings. She works with her clients to assess compliance, navigate enforcement actions, and defend against litigation under a variety of environmental statutes and programs, including the Clean Air Act (CAA), the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund). Rachel was recognized by Law360 as a 2023 Environmental “Rising Star,” and in the 2023 Lawdragon 500 X – The Next Generation edition. She was also named by Best Lawyers as “One to Watch” in Environmental Litigation for 2022 and 2023. Rachel is admitted to practice law in Maryland and the District of Columbia, and before the United States Court of Appeals for the District of Columbia Circuit and the United States District Court for the District of Columbia.

Stacie B. Fletcher is a litigation partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and is co-chair of the Environmental Litigation and Mass Tort Practice Group. Stacie has handled a wide variety of cases under federal and state environmental statutes, including serving as lead counsel on numerous high-profile enforcement defense matters with U.S. EPA and state agencies. Stacie has been recognized by Chambers USA as a leading environmental lawyer in the District of Columbia each year since 2021. According to Chambers USA, clients note that Stacie is “[h]ighly skilled in federal and state environmental enforcement matters,” “has a tremendous grasp of environmental issues and she is dialed in on what is going on at the agencies,” and is “thorough, extraordinarily attentive to detail and great at managing relationships with parties on both sides of a matter.” Stacie is admitted to practice in the Commonwealth of Virginia and the District of Columbia.

David Fotouhi is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he practices in the firm’s Litigation Department and is a member of the firm’s Environmental Litigation and Mass Tort practice group. David previously served as Acting General Counsel and Principal Deputy General Counsel at the U.S. Environmental Protection Agency (EPA). David combines his expertise in administrative and environmental law with his litigation experience and a deep understanding of EPA’s inner workings to represent the firm’s clients in environmental enforcement actions, regulatory challenges, and other environmental litigation. He has provided legal counsel and managed litigation under every major environmental statute, including the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), and Toxic Substances Control Act (TSCA). According to Chambers USA, which recognized David as a leading environmental lawyer in the District of Columbia, clients praised David as a “sophisticated lawyer” with “in-depth knowledge of the dynamics of a case and its interaction with the authorities” and “unique experience and expertise from his work at the EPA.” The National Law Journal recognized David as a “Trailblazer” in environmental and energy law, and Law360 named David a “Rising Star” in environmental law for his work “on game-changing regulations and litigation.” David is a member of the bars of the District of Columbia and Texas.

MCLE CREDIT INFORMATION:

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1 hour.

Application for approval is pending with the Colorado, Illinois, Texas, Virginia, and Washington State Bars.

Policymakers in Washington and other allied capitals have continued to push the limits of economic statecraft by imposing new sanctions and export controls on major economies such as Russia and China, and aggressively enforcing existing measures. A recent surge of collaboration among sister agencies and partner countries has also sharply increased the compliance burden on multinational firms. To help make sense of this fast-shifting landscape, attorneys from Gibson Dunn explain how U.S. sanctions and export controls work, discuss notable new trade restrictions and recent record-setting enforcement activity, and share best practices in multi-agency and multi-jurisdictional investigations and defense.

PANELISTS:

Adam M. Smith is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and serves as co-chair of the firm’s International Trade Practice Group. He is an experienced international lawyer with a focus on international trade compliance and white collar investigations, including federal and state economic sanctions enforcement, CFIUS, the Foreign Corrupt Practices Act, embargoes, and export and import controls.

Clients benefit from Adam’s experience in the Obama Administration, where he was Senior Advisor to the Director of the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) and Director for Multilateral Affairs on the National Security Council. At OFAC, he was instrumental in shaping and enforcing sanctions policies, briefing Congressional and private sector leaders, conducting extensive international outreach, and negotiating complex agreements. On the National Security Council, he advised the President on international sanctions, coordinated inter-agency efforts, and developed strategies to counter corruption and promote asset recovery. Adam is admitted to practice in District of Columbia and the State of Maryland.

Christopher T. Timura is a partner in the Washington D.C. office of Gibson, Dunn & Crutcher LLP and a member of the firm’s International Trade, White Collar Defense and Investigations, and ESG Practice Groups. Chris helps clients solve problems that arise at the intersection of U.S. national security, foreign policy, and international trade regulation. Chris advises clients on compliance with U.S. export controls (ITAR and EAR), import controls, and economic sanctions, and advocates for clients before the departments of State (DDTC), Treasury (OFAC and CFIUS), Commerce (BIS), Homeland Security (Customs & Border Protection), and Justice in civil and criminal enforcement actions, UFLPA and other forced labor-related detentions, and investment reviews. His clients span sectors and range from start-ups to Global 500 companies. He is regularly ranked in Chambers Global and U.S.A. guides for his work and is a regular speaker and writer on the policy drivers, trends, and impacts of evolving international trade policy and regulation. Chris is admitted to practice in the District of Columbia.

Scott Toussaint is a senior associate in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s International Trade Practice Group. His practice focuses on compliance with U.S. laws governing international business transactions, including economic sanctions, export controls, and foreign investment in the United States. He advises clients on matters before the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the Committee on Foreign Investment in the United States (CFIUS), and other regulatory and enforcement agencies. Scott has extensive experience counseling U.S. and foreign companies on compliance with OFAC sanctions, obtaining licenses and authorizations, developing corporate compliance programs, and assessing the national security implications of proposed mergers and acquisitions. Scott is admitted to practice in the State of California and the District of Columbia.

Anna Searcey is a litigation associate in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of both the International Trade, and White Collar Defense and Investigations practice groups. Her experience includes conducting internal investigations for multinational corporate clients, representing corporate and individual clients in government investigations involving the Department of Justice and other regulatory and enforcement agencies, and advising clients regarding the development of their compliance and ethics programs. She also advises clients on U.S. economic sanctions and export controls, including conducting company-wide risk assessments, strengthening trade compliance programs, and developing restricted-party screening protocols. Anna is admitted to practice in the District of Columbia and Virginia. She is also admitted to practice before the United States District Court for the District of Maryland and the United States Court of Appeals for the Fourth Circuit.

MCLE CREDIT INFORMATION:

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

Partners from Gibson Dunn’s antitrust group discuss recent changes to the Hart-Scott-Rodino rules, including a review of key changes, their potential impact on HSR filing preparation and transaction timelines, as well as preliminary thoughts on new best practices to address these developments.

PANELISTS:

Joshua Lipton is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He maintains a broad-based antitrust and consumer protection practice, including litigation in state and federal courts, merger and acquisition investigations, civil and criminal antitrust and consumer protection investigations by government authorities, and antitrust counseling.

Admissions: District of Columbia Bar

Sophia (Vandergrift) Hansell is a partner in the Washington, D.C. office of Gibson, Dunn and Crutcher. She is a member of the Antitrust and Competition Practice Group. Before joining the firm, Ms. Hansell served as an attorney in the Mergers IV Division of the Federal Trade Commission’s Bureau of Competition, where she focused on merger review and enforcement litigation. At the FTC, Ms. Hansell was a core member of trial teams that blocked proposed mergers for Sysco and US Foods, Advocate Health Care and NorthShore University HealthSystem, and Wilhelmsen and Drew Marine. Previously, Ms. Hansell served in the United States Attorney’s Office for the District of Columbia as a Special Assistant United States Attorney in the General Crimes Division. Leveraging her experience in government enforcement, Ms. Hansell’s practice focuses on complex antitrust litigation and investigations before the Department of Justice, Federal Trade Commission, and state attorneys general. She also has experience counseling companies on a broad range of competition issues relating to M&A transactions, including pre-deal risk assessments, transaction negotiations, and gun jumping issues. Ms. Hansell also develops and executes strategies to secure merger clearance with U.S. and foreign competition authorities.

Admissions: District of Columbia Bar, Virginia Bar

Michael Perry is a partner in the Washington, D.C. office of Gibson Dunn & Crutcher and a member of the firm’s Antitrust and Competition Practice Group. Michael represents clients in merger and non-merger related investigations before the U.S. Federal Trade Commission and the U.S. Department of Justice, and complex private and government antitrust litigation. His practice spans a variety of industries, including healthcare and life sciences, energy, and technology, and he is experienced in issues at the intersection of antitrust and intellectual property law. Michael previously served as Counsel to the Director of the Federal Trade Commission’s Bureau of Competition from 2015 to 2016 and as an attorney in the agency’s healthcare division. During his tenure at the FTC, Michael played an integral role in many of the agency’s most significant antitrust enforcement actions, including FTC v. Actavis, FTC v. Cephalon, FTC v. Sysco, and FTC v. St. Luke’s Health System.

Admissions: District of Columbia Bar, California Bar

Jamie France is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s Antitrust and Competition Practice Group. She represents clients in antitrust merger and non-merger investigations before the U.S. Federal Trade Commission, U.S. Department of Justice Antitrust Division, state Attorneys General, and international competition authorities, as well as in complex private and government antitrust litigation. She also counsels clients on a range of antitrust merger and conduct matters. Jamie joined the firm after six years as an attorney in the Mergers IV Division of the Federal Trade Commission’s Bureau of Competition, where she served in lead roles on high-profile merger investigations and enforcement actions. Jamie has significant experience litigating merger challenges and was an integral member of the FTC’s trial teams on FTC v. Thomas Jefferson University, FTC v. Hackensack Meridian Health, FTC v. Sanford Health, FTC v. Advocate Health Care Network, and FTC v. Benco Dental Supply. She was twice honored with the FTC’s Janet D. Steiger Award for her contributions to the Sanford and Advocate litigations.

Admissions: District of Columbia Bar, New York Bar

MCLE CREDIT INFORMATION:

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

As companies prepare to transition from private ownership to the public markets, the legal landscape surrounding executive compensation and employee benefits becomes increasingly complex. Join us for a 60-minute webcast briefing, where we will delve into the critical securities, governance, disclosure and executive compensation and employee benefits-focused legal issues that companies must plan for in advance to ensure compliance and mitigate risks during the IPO process and as a newly public entity.

This session is essential for C-suite executives, HR professionals, and in-house legal teams who are responsible for advance planning and steering their companies through the IPO process and beyond. Attendees will leave with actionable insights and practical tools to ensure their organizations are well-prepared for the challenges and opportunities of becoming a successful public company.

PANELISTS:

Sean Feller is a partner in Gibson, Dunn & Crutcher’s Century City office. He serves as Co-Chair of the firm’s Executive Compensation and Employee Benefits Practice Group. His practice focuses on all aspects executive compensation and employee benefits. His practice encompasses tax, ERISA, accounting, corporate, and securities law aspects of equity and other incentive compensation plans; qualified and nonqualified retirement and deferred compensation plans and executive employment and severance arrangements. Mr. Feller has been recognized by his peers as one of The Best Lawyers in America in the area of Employee Benefits (ERISA) Law. In 2020 and 2022, he was ranked by Chambers USA as a Leading Lawyer in Los Angeles in the area of Employee Benefits and Executive Compensation.

Ekaterina (Kate) Napalkova is a partner in the New York office of Gibson, Dunn & Crutcher and a member of the Employee Benefits and Executive Compensation Practice Group. Kate advises public and private companies, private investment funds, boards of directors and management teams on a broad range of compensation and employee benefits matters. Her advice focuses on the compensation and employee benefits aspects of mergers and acquisitions, restructurings, public offerings, spin-offs and other corporate transactions. She is experienced in the negotiation and implementation of benefit and compensation plans, as well as compensation-related securities reporting and corporate governance matters.

Stewart L. McDowell is a partner in the San Francisco office of Gibson, Dunn & Crutcher. She is a Co-Chair of the firm’s Capital Markets Practice Group and a member of the firm’s Corporate Department. Ms. McDowell represents companies, investors and underwriters in a variety of complex capital markets transactions, including IPOs, convertible and non-convertible debt and preferred equity offerings, PIPEs and liability management transactions. She also represents companies in connection with U.S. and cross-border M&A and strategic investments, SEC reporting, corporate governance and general corporate matters.

Gina Hancock is an associate in the Dallas office. She practices in the firm’s Executive Compensation and Employee Benefits Department. Gina has significant experience with executive compensation, complex domestic and international transactional matters, initial public offerings, health and welfare benefit plan, retirement plan, and related matters. Her practice focuses on all aspects of equity compensation; employee stock purchase plans; 401(k), pension and nonqualified deferred compensation plans; executive employment, severance, retention, change in control and restrictive covenant agreements; incentive compensation; and cafeteria and other welfare benefit plans. She also provides advice with respect to general corporate governance and disclosure matters.

MCLE CREDIT INFORMATION:

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

This webcast focuses on enforcement trends in the Southern and Eastern Districts of New York. The panel includes a former Assistant United States Attorney from the Southern District of New York and a former Assistant United States Attorney from the Eastern District of New York who cover key takeaways and trends from 2024 and look ahead at what these districts will prioritize in 2025.

Discussion topics include:

Meaning and potential impacts of the DOJ’s new whistleblower program and the related SDNY pilot program (www.justice.gov/d9/2024-02/sdny_wb_policy_effective_2-13-24.pdf)
Key takeaways from indictments and civil lawsuits filed by the offices in 2024
How this evolving and dynamic DOJ enforcement landscape may impact companies and executives.

PANELISTS:

Joseph Warin is chair of the 250-person Litigation Department of Gibson Dunn’s Washington, D.C. office, and he is co-chair of the firm’s global White Collar Defense and Investigations Practice Group. Mr. Warin’s practice includes representation of corporations in complex civil litigation, white collar crime, and regulatory and securities enforcement – including Foreign Corrupt Practices Act investigations, False Claims Act cases, special committee representations, compliance counseling and class action civil litigation. Mr. Warin has handled cases and investigations in more than 40 states and dozens of countries. His credibility at DOJ and the SEC is unsurpassed among private practitioners – a reputation based in large part on his experience as the only person ever to serve as a compliance monitor or counsel to the compliance monitor in three separate FCPA monitorships, pursuant to settlements with the SEC and DOJ: Statoil ASA (2007-2009); Siemens AG (2009-2012); and Alliance One International (2011-2013). He has been hired by audit committees or special committees of public companies to conduct investigations into allegations of wrongdoing in a wide variety of industries including energy, oil services, financial services, healthcare and telecommunications. Mr. Warin is admitted to practice in the District of Columbia.

Zainab Ahmad is a partner in the New York office of Gibson Dunn, where she is co-chair of the firm’s National Security Practice Group and a member of the White Collar Defense and Investigations, Privacy, Cybersecurity and Data Innovation and Labor and Employment Practice Groups. Zainab served as Senior Assistant Special Counsel in Special Counsel Robert S. Mueller’s Office following a successful career as a prosecutor and trial lawyer at the Department of Justice in both Washington, D.C. and the Eastern District of New York. As former Deputy Chief of the National Security and Cybercrime section at the U.S. Attorney’s Office in the Eastern District of New York, Zainab supervised a unit of over 20 attorneys, investigators, and staff prosecuting sensitive counterterrorism, counterespionage, and cybercrime cases. Zainab’s practice focuses on white collar defense and investigations, as well as regulatory and civil litigation challenges, such as matters involving corruption, anti-money laundering, sanctions and FCPA issues. She also advises clients on cybercrime and intellectual property issues, including handling investigations, enforcement defense, and litigation. She has extensive experience with a wide range of federal, state, and international cybersecurity laws, regulations, and standards.

Zainab previously represented the DOJ at meetings of the World Economic Forum’s Cybercrime Workshop and participated in development of WEF’s Guidance on Public-Private Information Sharing Against Cybercrime. She also organized and led a Cybercrime Roundtable with former FBI Director James Comey and General Counsel and C-suite executives from various industries, including banking, media, health care and pharmaceutical companies, to discuss improved public-private partnership in combatting cybercrime. Zainab is admitted to practice in the State of New York.

Karin Portlock is a partner in the New York office of Gibson Dunn and a member of the White Collar Defense and Investigations, Litigation, Labor and Employment, and Crisis Management Practice Groups. As a former federal prosecutor, Karin has a broad-based government enforcement and investigations practice, ranging from government and internal corporate investigations to criminal defense and regulatory enforcement litigation through trial. She regularly represents individuals and companies under criminal investigation and indictment by the U.S. Department of Justice as well as in civil government probes by federal regulators and state Attorneys General.

Prior to joining Gibson Dunn, Karin was as an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of New York from 2015 to 2020. In that role, she tried multiple cases to verdict and prosecuted a broad range of federal criminal violations, including fraud, racketeering, and violent crimes, leading large-scale investigations of murder, firearms, and sex trafficking offenses as well as crimes involving minors and other vulnerable victims. She has particular expertise with victims of trauma and represents victims and witnesses at all stages of investigation and prosecution, including in cases involving highly sensitive subject matter. Karin is admitted to practice in the State of New York and before the U.S. District Courts for the Southern and Eastern Districts of New York and the U.S. Court of Appeals for the Second Circuit.

MCLE CREDIT INFORMATION:

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

Join our expert panel as they explore strategies for navigating parallel investigations by the DOJ and SEC. This webcast provides practical insights on managing the complexities of simultaneous inquiries, ensuring compliance and minimizing risks for your organization.

PANELISTS:

Douglas M. Fuchs is a partner in Gibson Dunn’s Los Angeles office and co-chair of the firm’s Los Angeles Litigation Department. He also is a member of the firm’s White Collar Defense and Investigations, Accounting Firm Advisory and Defense, Securities Enforcement and Securities Litigation Practice Groups. Doug has a special expertise in representing corporations and individuals in white collar criminal, SEC and other regulatory enforcement matters, including cases involving allegations of securities fraud, environmental violations, public corruption, antitrust violations, economic espionage and government contracting fraud. Doug has also conducted sensitive internal investigations, been retained by companies that have been victimized by fraud, and developed compliance programs, including compliance with the Foreign Corrupt Practices Act. Doug is a member of the California Bar, a board member of the Federal Bar Association, active in the American Bar Association, and has repeatedly been named a Southern California Super Lawyer in the fields of white collar criminal prosecution and criminal defense.

Mark K. Schonfeld is a litigation partner in the New York office of Gibson Dunn and co-chair of firm’s Securities Enforcement Practice Group. He is also a member of the firm’s Crisis Management, Accounting Firm Advisory and Defense and White Collar Defense and Investigations Practice Groups. Mark’s practice focuses on the representation of financial institutions, public companies, hedge funds, accounting firms and private equity firms in investigations conducted by the Securities and Exchange Commission (SEC), Department of Justice (DOJ), States Attorneys General, Financial Industry Regulatory Authority (FINRA) and other regulatory organizations. Mark also conducts internal investigations and counsels clients on compliance and corporate governance matters.

Poonam G. Kumar is of counsel in the Los Angeles office of Gibson Dunn and a member of its White Collar Defense & Investigations and Litigation practice groups. She is a former federal prosecutor with significant first-chair trial experience and an extensive background in handling high-stakes criminal and civil matters across a broad range of practice areas.

MCLE CREDIT INFORMATION:

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

In this webcast, Gibson Dunn attorneys discuss how the U.S. Department of Justice’s Consumer Protection Branch has quickly become a leading criminal and civil enforcer of health, safety, fraud, and privacy laws. Having secured billions in monetary penalties across dozens of corporate resolutions in recent years, the Branch is now the DOJ’s fastest-growing enforcement component. It also is the primary outside counsel for key consumer-protection agencies, including the FDA, FTC, CPSC, DEA, and DOT.

Our discussion features the Branch’s recent Director and explores its current and expected enforcement trends. We also discuss the Branch’s unique relationships with agency partners, its resources and authorities, and new corporate compliance policies and expectations. The conversation is of particular interest to life sciences, consumer product, and online companies and executives.

PANELISTS:

Nick Hanna, who most recently served as United States Attorney for the Central District of California, is a litigation partner in Gibson Dunn’s Los Angeles office and co-chairs the firm’s global White Collar Defense and Investigations Practice Group. Nick represents Fortune 500 companies and executives in high-stakes civil litigation, white collar crime, and regulatory and securities enforcement – including internal investigations, False Claims Act cases, compliance counseling and class action defense. Nick is admitted to practice in the State of California.

Gustav W. Eyler is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is Co-Chair of the firm’s FDA and Health Care Practice Group and a member of the White Collar Defense and Privacy Practice Groups. An experienced litigator and a former Director of the U.S. Department of Justice’s Consumer Protection Branch, he defends companies and individuals in government investigations and enforcement actions and counsels clients on the design and implementation of compliance programs.

Gus brings broad and practical experience to clients facing government investigations and litigation. As Director of the Consumer Protection Branch from 2017 to 2022, Gus led more than 250 prosecutors and staff in criminal and civil enforcement actions involving drugs, medical devices, food, tobacco, consumer products, and fraudulent schemes. He personally oversaw and handled matters involving a wide range of statutes, including the Federal Food, Drug, and Cosmetic Act; the Controlled Substances Act; the Consumer Product Safety Act; the Anti-Kickback Statute; the False Claims Act; provisions administered by the National Highway Traffic Safety Administration; and numerous fraud laws. He also led the Justice Department’s partnership with the Federal Trade Commission in achieving landmark corporate resolutions in privacy and deceptive-practice cases related to social media, marketing, and health care companies. Gus is admitted to practice in the District of Columbia and the State of Maryland.

Katlin McKelvie is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s Food and Drug Administration (FDA) and Health Care Practice Group. With over two decades of experience in food and drug law, including as Deputy General Counsel of the Department of Health and Human Services (HHS), Katlin offers clients expansive knowledge of the complex legal and policy issues associated with FDA regulation of food, drugs, medical devices, and cosmetics.

MCLE CREDIT INFORMATION:

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

This 60 minute module will walk you through the key aspects that you should have in mind when preparing the work plan, structure and instruct the team for an internal investigation. Because there is no “one-size-fits-all”-approach to structuring an internal investigation, we will analyze and asses different key elements of an internal investigation that require attention, namely:

The relevant addressee of the results of the investigation
The work plan and its updates
Considerations to include witness counsel
Considerations to maximize the legal privilege in multi-jurisdictional settings
Considerations to be made before sharing findings with the Government
Preparation of witness interviews (in person and virtual)
Presentation formats for the findings of an investigation

At the end of the module you should have a good understanding of the do’s and don’ts that will enable you to preparing, running an internal investigation and presenting its results more effectively.

PANELISTS:

Benno Schwarz is the partner in charge of the Munich office of Gibson, Dunn & Crutcher and co-chair of the firm’s Anti-Corruption & FCPA Practice Group. He focuses on white collar defense and compliance investigations in a wide array of criminal regulatory matters. For more than 30 years, he has handled sensitive cases and investigations concerning all kinds of compliance issues, especially in an international context. Benno assists his clients in the prevention and avoidance of corruption, fraud and money laundering and in navigating economic sanctions in the corporate sector. His advisory work comprises the planning and implementation of internal corporate as well as independent investigations both nationally and internationally; the structuring, implementation and assessment of compliance management systems; and the representation of companies and their executive bodies before domestic and foreign authorities during associated criminal and administrative proceedings. He also helps clients navigate the complexities of sanctions and counter-sanctions compliance, especially with respect to Russia-related sanctions and export control restrictions, leveraging his insights from his decades-long experience in advising corporate clients on transactional, compliance and trade law related matters involving Russia. Benno has practiced as an admitted German lawyer (Rechtsanwalt) since 1993.

Katharina Humphrey is a partner in Gibson Dunn’s Munich office. She advises clients in Germany and throughout Europe on a wide range of compliance and white collar crime matters. Katharina regularly represents multi-national corporations in connection with cross-border internal corporate investigations and government investigations. She has significant expertise in the areas of anti-bribery compliance – especially regarding the enforcement of German anti-corruption laws and the U.S. Foreign Corrupt Practices Act (FCPA) –, technical compliance, as well as sanctions and anti-money-laundering compliance. She also has many years of experience in advising clients with regard to the implementation and assessment of compliance management systems. The Legal 500 Deutschland 2024 and The Legal 500 EMEA 2024 listed her as “Next Generation Partner” in the field of Compliance and also recommended her for Internal Investigations. Katharina speaks German, English, French and Italian. She is admitted to practice in Germany (Rechtsanwalt).

Oleh Vretsona is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He currently practices in the firm’s Litigation Department, where he focuses on white collar criminal defense, internal investigations, regulatory inquiries, antitrust, and corporate compliance. Oleh has represented clients in a wide variety of matters, including matters arising under the U.S. Foreign Corrupt Practices Act and antitrust matters, and he has advised clients on structure and implementation of corporate compliance programs. Oleh has significant experience in conducting internal investigations and advising clients on the effectiveness of their internal compliance controls. Oleh has participated in and managed numerous internal investigations for publicly held corporations involving operations in Russia, Eastern Europe, and various other countries and regions, and conducted extensive fieldwork in those countries, including numerous witness interviews. He is admitted to practice in New York and the District of Columbia.

MCLE CREDIT INFORMATION:

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

Amer Ahmed, Anne Champion, Connor Sullivan, and Apratim Vidyarthi cover significant developments in newly-issued Supreme Court decisions in the 2023–24 term involving the First Amendment, following up on a previous webinar covering current First Amendment issues.

PANELISTS:

Amer S. Ahmed is a partner in the New York office of Gibson, Dunn & Crutcher. He is a member of Gibson Dunn’s Litigation; Trials Practice; Appellate and Constitutional Law; and Media, Entertainment and Technology Practice Groups. Amer’s practice focuses on representing institutional and individual clients in a variety of high-profile litigation matters at the investigatory, trial, and appellate levels, ranging from witness preparation to product-liability actions, white-collar criminal defense, and commercial disputes. Amer has played a lead role in many First Amendment and defamation disputes. Among other matters, he has successfully defended The Washington Post against a libel lawsuit in federal court, won a complete dismissal of defamation claims against a leading social media company, advised technology companies on compliance issues under Section 230 of the Communications Decency Act, prosecuted defamation claims on behalf of a high-profile businessman based on a worldwide smear campaign, and is representing the online publication Media Matters for America in its defense of a defamation case lodged by X Corp. Amer authored the practice guide on Defamation and Reputation Management in the USA on Lexology. Amer graduated from Columbia Law School where he was named a Harlan Fiske Stone Scholar and served as an articles editor of the Columbia Law Review. He received his Bachelor of Arts in Human Biology, with distinction, from Stanford University, where he was a President’s Scholar and was elected to the Phi Beta Kappa Society.

Amer is admitted to practice in the State of New York and the District of Columbia, as well as in the Supreme Court of the United States; the United States Courts of Appeals for the District of Columbia Circuit, Second Circuit, and Fourth Circuit; the United States District Court for the District of Columbia; and the United States District Courts for the Southern and Eastern Districts of New York.

Anne M. Champion is a partner in the New York office of Gibson, Dunn & Crutcher. She is a member of the Transnational Litigation, Media Law, and International Arbitration practice groups. Anne has played a lead role in a wide range of high stakes litigation matters, including several high profile First Amendment disputes. She represented CNN’s Jim Acosta and White House Correspondent Brian Karem in successful suits to reinstate their White House press passes, and Mary Trump in her defeat of an attempt to block publication of her best-selling book about the former President, Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man, for which The American Lawyer recognized her along with Ted Boutrous and Matthew McGill as Litigators of the Week. She was previously recognized as Litigator of the Week for the successful defeat of a petition to confirm an $18 billion sham Egyptian arbitration award against Chevron Corporation and Chevron USA, Inc. She has been recognized by Lawdragon as among the “500 Leading Litigators in America,” by Chambers USA 2023 for General Commercial Litigation, and Benchmark Litigation, which named her to its 2022 list of the “Top 250 Women in Litigation.”

Anne is admitted to practice in the courts of the State of New York, the United States District Courts for the Southern, Eastern, and Northern Districts of New York, the Eastern District of Texas, and the United States Courts of Appeals for the Second Circuit, the D.C. Circuit, and the Federal Circuit.

Connor Sullivan is a partner in the New York office of Gibson, Dunn & Crutcher. He is a member of the Firm’s Media, Entertainment, and Technology; Appellate and Constitutional Law; Privacy, Cybersecurity and Data Innovation; and Intellectual Property Practice Groups.

Connor has significant experience in First Amendment matters representing news media organizations and reporters, as well as litigating attempts to restrain speech prior to publication. He has been involved in some of the Firm’s major recent First Amendment victories, including successfully representing members of the White House press corps suing to secure the return of suspended press credentials and representing Mary Trump, the niece of President Donald Trump, in successfully opposing the Trump family’s attempt to enjoin the publication of her bestselling family memoir. Before joining the firm, he served as a member of the trial team in one of the largest defamation suits ever tried. He is a co-author of “Defamation and Reputation Management in the United States” for the global research platform Lexology. Connor has also worked on behalf of pro bono clients in connection with immigration and First Amendment rights.

Connor is admitted to practice in New York and the District of Columbia, and before the United States Courts of Appeals for the Second, Third, Fourth, Sixth, Ninth, and District of Columbia Circuits and the United States District Courts for the Southern and Eastern Districts of New York and the District of Columbia.

Apratim Vidyarthi is a litigation associate in the New York office of Gibson, Dunn & Crutcher. His practice focuses on white collar, law firm defense, technology, and appellate and constitutional law, with a focus on First Amendment law.

Apratim is involved in several First Amendment matters, including representing Media Matters for America in its defense against Twitter/X Corp’s defamation litigation(s), defending a former White House official’s public speech calling out social media platforms’ hosting of misinformation about COVID vaccines, defending a social media company against state investigations, and defending a large technology company against a mandatory data-sharing bill. Apratim also maintains an active First Amendment pro bono docket, having recently filed amicus briefs in Free Speech Coalition v. Paxton, Villarreal v. Alaniz, and Gonzalez v. Trevino at the Supreme Court and in Pernell v. Lamb in the Eleventh Circuit, and defending a Jewish divorcee’s First Amendment rights to protest their ex-husbands’ refusals to grant permissions to divorce.

Apratim graduated cum laude from the University of Pennsylvania Law School, where he served as Philanthropy Editor on the board of the University of Pennsylvania Law Review. He received a Master’s in Engineering from Carnegie Mellon and Bachelors degrees in Nuclear Engineering and Applied Mathematics from the University of California, Berkeley. Prior to law school, Apratim worked at Deloitte Consulting in their technology consulting group. He is admitted to practice in the State of New York, and before the Eleventh Circuit, and the United States District Courts for the Southern and Eastern Districts of New York.

MCLE CREDIT INFORMATION:

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.25 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

The False Claims Act (FCA) is one of the most powerful tools in the government’s arsenal to combat fraud, waste, and abuse involving government funds. Nearly three years ago, the Department of Justice announced the establishment of the Civil Cyber-Fraud Initiative to utilize the False Claims Act to pursue cybersecurity related fraud by government contractors and grant recipients. Since the announcement of the Civil Cyber-Fraud Initiative, the government has continued to promulgate new cybersecurity requirements and reporting obligations in government contracts and funding agreements—which may bring yet more vigorous FCA enforcement efforts by the DOJ. The DOJ, moreover, has entered into several notable FCA settlements premised on alleged cybersecurity violations, and has intervened in a first-of-its kind qui tam case related to DoD cybersecurity regulations. As we approach the third anniversary of the launch of the Civil Cyber-Fraud Initiative, as much as ever, companies that receive government funds—especially companies operating in the government contracting sector—need to understand how the government and private whistleblowers alike are wielding the FCA to enforce required cybersecurity standards, and how they can defend themselves.

Please join this recorded webcast which discusses developments in the FCA, including:

The latest trends in FCA enforcement actions and associated litigation affecting government contractors, including technology companies;
Updates on enforcement actions arising under the DOJ Civil Cyber-Fraud Initiative;
The latest trends in FCA jurisprudence, including developments in particular FCA legal theories affecting your cybersecurity compliance and reporting obligations; and
Updates to the cybersecurity regulations and contractual obligations underlying enforcement actions by DOJ’s Civil Cyber-Fraud Initiative.

PANELISTS:

Winston Y. Chan is a partner in the San Francisco office of Gibson Dunn and Co-Chair of the firm’s White Collar Defense and Investigations practice group, and also its False Claims Act/Qui Tam Defense practice group. He leads matters involving government enforcement defense, internal investigations and compliance counseling, and regularly represents clients before and in litigation against federal, state and local agencies, including the U.S. Department of Justice, Securities and Exchange Commission and State Attorneys General. Prior to joining the firm, Winston served as an Assistant United States Attorney in the Eastern District of New York, where he held a number of supervisory roles and investigated a wide range of corporate and financial criminal matters. Winston is admitted to practice law in the state of California.

Stephenie Gosnell Handler is a partner in Gibson Dunn’s Washington, D.C. office, where she is a member of the International Trade and Privacy, Cybersecurity, and Data Innovation practices. She advises clients on complex legal, regulatory, and compliance issues relating to international trade, cybersecurity, and technology matters. Stephenie ’s legal advice is deeply informed by her operational cybersecurity and in-house legal experience at McKinsey & Company, and also by her active duty service in the U.S. Marine Corps.

Stephenie returned to Gibson Dunn as a partner of the Washington, D.C. office after serving as Director of Cybersecurity Strategy and Digital Acceleration at McKinsey & Company. In this role, she led development of the firm’s cybersecurity strategy and advised senior leadership on public policy and geopolitical trends relating to cybersecurity, technology, and data. Stephenie managed a team of experienced professionals responsible for the firm’s cybersecurity strategic initiatives, cybersecurity standards and certifications program, lifecycle governance initiatives, data analytics and optimization, and digital acceleration efforts across the cyber domain. She previously led McKinsey’s in-house cybersecurity legal team, where she advised on diverse global cybersecurity and technology matters, including strategic legal issues, data localization, regulatory compliance, risk management, governance, preparedness, and response. Stephenie frequently advised at the intersection of cybersecurity, technology, and data and export control and sanctions requirements.

Melissa L. Farrar is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. Her practice focuses on white collar defense, internal investigations, and corporate compliance. Melissa represents and advises multinational corporations in internal and government investigations on a wide range of topics, including the U.S. Foreign Corrupt Practices Act, the False Claims Act, anti-money laundering, and accounting and securities fraud, including defending U.S. and global companies in civil and criminal investigations pursued by the U.S. Department of Justice and the U.S. Securities and Exchange Commission. She also has experience representing U.S. government contractors in related suspension and debarment proceedings. In addition, Melissa routinely counsels corporations on the design and implementation of their corporate ethics and compliance programs and in connection with transactional due diligence, with a particular emphasis on compliance with anti-corruption and anti-money laundering laws. She has experience in all areas of corporate compliance, including policy and procedure and code of conduct development, program governance and structure design, risk assessment planning and implementation, and the conduct of internal investigations, among others. Melissa is admitted to practice in the District of Columbia and Virginia.

Michael R. Dziuban is a senior associate in the Washington, D.C. office, where he practices in the Firm’s Litigation Department. Michael represents clients in white collar defense and civil enforcement matters, including investigations and lawsuits under the False Claims Act. He has advised government contractors, technology companies, healthcare companies, and individual executives in various stages of FCA enforcement opposite both government agencies and qui tam relators. Michael also has guided clients through government and internal investigations under anti-corruption and anti-money laundering laws, advised clients in government contracts disputes, and counseled companies on their corporate compliance programs. Michael is admitted to practice law in the Commonwealth of Virginia and the District of Columbia.

MCLE CREDIT INFORMATION:

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

Join our panelists for an insightful discussion on the intersection of internal audit and government investigations.

PANELISTS:

Patrick Stokes is a partner in Gibson Dunn’s Washington, D.C. office, and Co-Chair of the firm’s Anti-Corruption and FCPA practice group. His practice focuses on internal corporate investigations and enforcement actions regarding corruption, securities fraud, and financial institutions fraud. Prior to joining the firm, Patrick headed the DOJ’s FCPA Unit, managing the FCPA enforcement program and all criminal FCPA matters throughout the United States covering every significant business sector. Previously, he served as Co-Chief of the DOJ’s Securities and Financial Fraud Unit, overseeing investigations and prosecutions of financial fraud schemes involving corporations, financial institutions, and individuals. He also served as an Assistant United States Attorney in the Eastern District of Virginia, where he prosecuted a wide variety of financial fraud, immigration, and violent crime cases. He is a member of the Maryland State Bar and the District of Columbia Bar.

Oleh has significant experience in conducting internal investigations and advising clients on the effectiveness of their internal compliance controls. He has participated in and managed numerous internal investigations for publicly held corporations involving operations in Russia, Eastern Europe, and various other countries and regions, and conducted extensive fieldwork in those countries, including numerous witness interviews. Oleh is admitted to practice in New York and the District of Columbia.

Michael S. Diamant is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the White Collar Defense and Investigations Practice Group, and serves on the firm’s Finance Committee. His practice focuses on white collar criminal defense, internal investigations, and corporate compliance. He has represented clients in an array of matters, including accounting and securities fraud, antitrust violations, and environmental crimes, before law enforcement and regulators, including the U.S. Department of Justice and the Securities and Exchange Commission. Michael also has managed numerous internal investigations for publicly traded corporations and conducted fieldwork in nineteen different countries on five continents.

Michael regularly conducts internal investigations for corporations regarding possible anti-bribery violations and assists them in complying with government subpoenas and negotiating settlements with enforcement agencies. He also routinely advises corporations on the adequacy of the design and implementation of their corporate ethics and compliance programs. This has included extensive work on all programmatic elements, including whistleblowing and investigative procedures, codes of conduct, expense approval and reimbursement processes, and oversight and governance functions, among many others. Michael is admitted to practice in the District of Columbia and the State of Virginia.

Courtney M. Brown is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where she practices primarily in the areas of white collar criminal defense and corporate compliance. Courtney has experience representing and advising multinational corporate clients, boards of directors, and executives in internal and government investigations and enforcement actions on a wide range of topics, including anti-corruption, anti-money laundering, economic sanctions, financial and accounting, and tax fraud matters. Courtney also counsels corporations on the effectiveness of their compliance programs and in connection with transactional due diligence, with a particular emphasis on compliance with anti-corruption laws, anti-money laundering regulations, and economic and trade sanctions administered by the U.S. Department of Treasury’s Office of Foreign Assets Control. She is a member of the bars of the District of Columbia and Virginia.

MCLE CREDIT INFORMATION:

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

Michael Holecek, DJ Manthripragada, and Madeleine McKenna discuss the latest developments in arbitration agreements and mass arbitration. They discuss recent trends in mass arbitration filings and defenses, recent mass arbitration court cases, changes in arbitration provider rules and fee schedules, and approaches to drafting mass arbitration provisions.

PANELISTS:

Michael Holecek is a litigation partner in the Los Angeles office of Gibson, Dunn & Crutcher, where his practice focuses on complex commercial litigation, class actions, and labor and employment law—both in the trial court and on appeal. Michael has first-chair trial experience and has successfully tried to verdict both jury and bench trials, he has served as lead arbitration counsel, and he has presented oral argument in numerous appeals. Michael represents clients in worker classification disputes – including independent contractor misclassification litigation, misclassification lawsuits involving the FLSA and state law, lawsuits under California’s Private Attorneys General Act (“PAGA”), class action employment lawsuits, and lawsuits against staffing agencies and gig economy platforms. He also has considerable experience with drafting arbitration agreements and arbitration clauses, mass arbitration, disputes over arbitration fees, and enforcing arbitration agreements. He has successfully litigated dozens of motions to compel arbitration and class action waivers in California, New York, Florida, Illinois, and other states. In 2023, Michael presented to the ABA National Class Actions Conference on arbitration agreements, class action waivers, and mass arbitration. Michael was recognized in The Best Lawyers in America® 2022 Ones to Watch in Mass Tort Litigation / Class Action.

Dhananjay (DJ) Manthripragada is a partner in the Los Angeles and Washington, D.C. offices of Gibson, Dunn & Crutcher. He is Chair of the firm’s Government Contracts practice group, and also a member of the Litigation, Class Actions, Labor & Employment, and Aerospace and Related Technologies practice groups. DJ has a broad complex litigation practice, and has served as lead counsel in precedent setting litigation before several United States Courts of Appeals, District Courts and state courts in jurisdictions across the country, the Court of Federal Claims, and the Federal Government Boards of Contract Appeals. He has first-chair trial experience and has successfully tried to verdict both jury and bench trials, and has served as lead counsel in arbitration and other alternative dispute resolution forums. His practice spans a wide range of industries, and he has represented some of the world’s leading aerospace and defense, finance, logistics/transportation, high-technology, and pharmaceutical companies in their most significant matters. DJ is also highly regarded as a trusted advisor to clients regarding significant compliance/enforcement, contract, dispute resolution, and employment issues. He was recognized in The Best Lawyers in America® Ones to Watch in Commercial Litigation in 2021 and 2022.

Madeleine McKenna is a litigation associate in Gibson, Dunn & Crutcher’s Los Angeles office. She practices in the firm’s Insurance, Class Actions, Labor and Employment, and Appellate and Constitutional Law Practice Groups, with a focus on complex civil litigation in the trial courts and on appeal. Madeleine has represented clients in a variety of high-stakes, complex litigation matters in state and federal courts, with a particular focus on class and representative actions involving employment and consumer protection claims. She has also litigated a wide variety of appellate matters. Prior to joining Gibson Dunn, she clerked for the Honorable Richard C. Tallman of the U.S. Court of Appeals for the Ninth Circuit.

MCLE CREDIT INFORMATION:

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour.

Application for approval is pending with the Colorado, Illinois, Texas, Virginia, and Washington State Bars.

With several landmark decisions this Term, the U.S. Supreme Court accelerated a substantial transformation of the law governing actions by regulatory agencies. The Court overruled Chevron, sharply limiting judicial deference to agencies’ statutory interpretation. It gave regulated entities more time to challenge agency rules in court. It stayed enforcement of a major EPA rule concerning ozone pollution. And it determined that the Constitution requires agencies to bring at least many civil penalty actions in federal court, not in agency administrative tribunals. The webcast takes stock of what these major cases mean for regulatory agencies going forward, particularly against the backdrop of other significant Supreme Court administrative law decisions in recent years.

PANELISTS:

Stuart F. Delery is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office, where he is a member of the firm’s Litigation Department and Co-Chair of the Administrative Law and Regulatory Practice Group and the Crisis Management Practice Group. Stuart is an experienced appellate and district court litigator who brings 30 years of experience at the highest levels of government and the private sector to help clients navigate major matters that present complex legal and reputational risks, particularly matters involving difficult statutory, regulatory and constitutional issues. His practice focuses on representing corporations and individuals in high-stake litigation and investigations that involve the federal government across the spectrum of regulatory litigation and enforcement.

Prior to re-joining the firm, Stuart served as White House Counsel for President Biden from 2022-2023. As Counsel to the President, he advised the President on the full range of constitutional, statutory, and regulatory legal issues, including on questions of presidential authority, domestic policy, and national security and foreign affairs. He managed responses to high-profile congressional and other investigations, and he assisted the President in nominating and confirming federal judges. Stuart also served as Deputy Counsel to the President from 2021-2022. Previously, Stuart served as the Acting Associate Attorney General of the United States, the third-ranking position at the Department of Justice, and the Senate-confirmed Assistant Attorney General for the Civil Division. Stuart is admitted to practice law in the District of Columbia.

Matt Gregory is a partner in the Washington D.C. office of Gibson, Dunn & Crutcher. He practices in the firm’s Litigation Department and Appellate and Constitutional Law and Administrative Law Practice Groups. Matt has been recognized in the 2023 and 2024 editions of Best Lawyers: Ones to Watch® in America for both Administrative / Regulatory Law and Appellate Practice, and is a member of the Edward Coke Appellate Inn of Court. Matt represents corporate clients in a wide range of appellate, administrative law, and litigation matters. Prior to joining Gibson Dunn, Matt clerked for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge Raymond M. Kethledge of the U.S. Court of Appeals for the Sixth Circuit. Matt is admitted to practice law in Virginia and the District of Columbia.

MCLE CREDIT INFORMATION:

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.