In this webcast, Gibson Dunn attorneys provide an overview of the FCPA developments and emerging trends from 2023 and will discuss current and anticipated areas of focus for 2024. Intended to complement our Year-End FCPA Update, this webcast discusses in greater detail recent FCPA enforcement updates of note, including enforcement, compliance, and monitorship developments through the lens of particular resolutions, and DOJ’s use of opinion letters and declinations within the past year. We also discuss the SEC’s and DOJ’s increasing focus on compliance programs and what that means for companies in terms of law enforcement expectations and industry best practices.



PANELISTS:

Patrick F. Stokes is Co-Chair of the firm’s Anti-Corruption and FCPA Practice Group and a partner in the Washington, D.C. office, where he focuses his practice on internal corporate investigations, government investigations, enforcement actions regarding corruption, securities fraud, FDA regulatory issues, and financial institutions fraud, and compliance reviews. Mr. Stokes is ranked nationally and globally by Chambers USA and Chambers Global as a leading attorney in FCPA. Prior to joining the firm, Mr. Stokes 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. He is a member of the Maryland State Bar and the District of Columbia Bar.

John W.F. Chesley is a partner in the Washington, D.C. office. Mr. Chesley has been recognized repeatedly recognized for his white collar defense work by Global Investigations Review, Law360, and the National Law Journal, among others. He represents corporations, audit committees, and executives in internal investigations and before government agencies in matters involving the FCPA, procurement fraud, environmental crimes, securities violations, antitrust violations, and whistleblower claims. He also has served as the Interim Chief Ethics & Compliance Officer for a publicly-traded, multi-national food company. Mr. Chesley is a member of the bars of the State of Maryland and the District of Columbia and has held a Secret security clearance.

Courtney M. Brown is a partner in the Washington, D.C. office, where she practices primarily in the areas of white collar criminal defense and corporate compliance. Ms. Brown has experience representing and advising multinational corporate clients and boards of directors in internal and government investigations on a wide range of topics, including anti-corruption, anti-money laundering, sanctions, securities, tax, and “me too” matters. Ms. Brown has participated in two government-mandated FCPA compliance monitorships and has advised companies during the post-resolution reporting period. Ms. Brown completed a secondment at a Fortune 100 company where she advised global legal and business teams on compliance with anti-corruption laws. She was admitted to the Virginia Bar in 2008 and District of Columbia Bar in 2009.

Ella Alves Capone is Of Counsel in the Washington, D.C. office, where her practice focuses on advising multinational corporations and financial institutions in enforcement actions, internal investigations, and corporate compliance matters involving anti-corruption laws and a variety of financial services laws and regulations. She regularly counsels clients on the implementation, assessment, and enhancement of their compliance programs and internal controls. Ms. Capone is admitted to practice law in the District of Columbia and New York, as well as before the United States District Courts for the Eastern and Southern Districts of New York.


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 2.0 credit hours, of which 2.0 credit hours 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 2.0 hours in the General category.

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 2.0 hours. 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 2 hours 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.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

Please join our team of Global Financial Regulatory experts as we discuss the latest legal and regulatory developments around the use of artificial intelligence (AI) by financial institutions across the world’s major financial centers. During this webcast, our market-leading team provides their insights into:

  1. Regulatory issues and concerns in relation to the current and potential use cases of AI by financial institutions; and
  2. The attitudes of financial regulators across the US, United Kingdom, Europe, Hong Kong, Singapore and the Middle East to the rapidly evolving use of AI by the institutions they regulate.

In addition, the team provides their predictions for the future of regulatory policy, supervision and enforcement in relation to the use of AI by financial institutions based on their extensive experience in these areas with the key global regulators.



PANELISTS:

William R. Hallatt (moderator) is a partner in the Hong Kong office. He is co-chair of the firm’s Global Financial Regulatory group and head of the Asia-Pacific Financial Regulatory practice. His full-service financial services regulatory practice provides comprehensive contentious and advisory support as a trusted advisor to the world’s leading financial institutions.

Michelle Kirschner is a partner in the London office, and co-chair of the firm’s Global Financial Regulatory group. She advises a broad range of financial institutions, including investment managers, integrated investment banks, corporate finance boutiques, private fund managers and private wealth managers at the most senior level. Michelle has a particular expertise in fintech businesses, having advised a number of fintech firms on regulatory perimeter issues.

Sara K. Weed is a partner in the Washington, D.C. office, and co-chair of the Global Fintech and Digital Assets Practice Group. Sara’s fintech’s practice spans both regulatory and transactional advice for a range of clients, including traditional financial institutions, non-bank financial services companies and technology companies.

Emily Rumble is an of counsel in the Hong Kong office, and is a member of the firm’s Global Financial Regulatory Practice Group. She advises firms on a wide range of contentious and non-contentious financial regulatory matters. Her contentious practice is focused on advising clients on their most significant regulatory investigations by the Hong Kong Securities and Futures Commission and Hong Kong Monetary Authority. Emily frequently advises a wide range of investment banking clients on complex non-contentious regulatory matters, with a particular focus on culture, conduct and governance matters.

Grace Chong is an of counsel in the Singapore office, and heads the Financial Regulatory practice in Singapore. She has extensive experience advising on cross-border and complex regulatory matters, including licensing and conduct of business requirements, regulatory investigations, and regulatory change. A former in-house counsel at the Monetary Authority of Singapore (MAS), she regularly interacts with key regulators, is closely involved in regional regulatory reform initiatives and has led discussions with regulators on behalf of the financial services industry.

Sameera Kimatrai is an English law qualified of counsel in the Dubai office, and a member of the firm’s Financial Regulatory Practice Group. She has experience advising governments, regulators and a broad range of financial institutions in the UAE including investment managers, commercial and investment banks, payment service providers and digital asset service providers on complex regulatory issues both in onshore UAE and in the financial free zones.


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 Cybersecurity, Privacy and Data Protection-General. 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 CLE@gibsondunn.com 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 toward the areas of Technology in the Practice of Law.

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.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

The 2024 presidential and congressional elections could bring seismic shifts in the way government interacts with individuals, businesses, and other entities. While the results of those elections cannot be predicted with certainty, it is not too soon to start preparing for possible scenarios. This webcast examines how public policy issues, congressional investigations, and administrative actions are likely to be shaped by the 2024 elections.



PANELISTS:

Michael Bopp is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He chairs the Congressional Investigations Practice Group practice and he is a member of the White Collar Defense and Investigations Crisis Management Practice Groups. He also co-chairs the firm’s Public Policy Practice Group and is a member of its Financial Institutions Practice Group. Mr. Bopp’s practice focuses on congressional investigations, internal corporate investigations, and other government investigations. Michael spent more than a dozen years on Capitol Hill including as Staff Director and Chief Counsel to the Senate Homeland Security and Governmental Affairs Committee under Senator Susan Collins (R-ME). Michael is a member of the bars of the District of Columbia and the State of New York.

Roscoe Jones is a partner in Gibson, Dunn & Crutcher’s Washington, DC office, co-chair of the Firm’s Public Policy Practice Group, and a member of the Congressional Investigations Practice Group. Roscoe’s practice focuses on promoting and protecting clients’ interests before the U.S. Congress and the Administration, including providing a range of public policy services to clients such as strategic counseling, advocacy, coalition building, political intelligence gathering, substantive policy expertise, legislative drafting, and message development. Roscoe spent a decade on Capitol Hill as a chief of staff, legislative director and senior counsel advising three US Senators and a member of Congress, including Senators Feinstein, Booker and Leahy and Rep. Spanberger. Roscoe is a member of the bars of the State of Maryland and District of Columbia and admitted to practice before the United States Courts of Appeal for the Fourth, Ninth, and Eleventh Circuits.

Stuart F. Delery is a partner in Gibson, Dunn & Crutcher’s Washington, DC office, where he is a member of the firm’s Litigation Department and Co-Chair of the Crisis Management Practice Group and Administrative Law and Regulatory Practice Group. 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. 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. Stuart is a member of the District of Columbia bar.

Amanda H. Neely is of counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the Public Policy Practice Group and Congressional Investigations Practice Group. Amanda previously served as Director of Governmental Affairs for the Senate Homeland Security and Governmental Affairs Committee and General Counsel to Senator Rob Portman (R-OH), Deputy Chief Counsel to the Senate Permanent Subcommittee on Investigations, and Oversight Counsel on the House Ways and Means Committee. She has represented clients undergoing investigations by congressional committees including the Senate Permanent Subcommittee on Investigations and the Senate Health, Education, Labor, and Pensions Committee. Amanda is admitted to practice law in the District of Columbia and before the United States Courts of Appeals for the District of Columbia Circuit and the Eleventh Circuit.

Danny Smith is of counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the Public Policy practice group. Danny’s practice focuses on advancing clients’ interests before the U.S. Congress and the Executive Branch. He provides a range of services to clients, including political advice, intelligence gathering, policy expertise, communications guidance, and legislative analysis and drafting. Prior to joining Gibson Dunn, Danny worked for Senator Cory Booker (D-NJ) for nearly a decade, most recently as his Chief Counsel on the Senate Judiciary Committee, Subcommittee on Criminal Justice and Counterterrorism. Danny is admitted to practice law in the District of Columbia and the state of Illinois.


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.

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.

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.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

Join us for a 60-minute briefing covering key aspects of the SEC’s adoption of the climate change disclosure rule. Gibson Dunn Partners Beth Ising, Tom Kim, Gene Scalia and David Woodcock discuss key aspects of the final rule, what companies need to prioritize in order to prepare for compliance, key implementation challenges and the prospects for litigation.

Topics discussed:

  • Primary differences between the proposed and final rules
  • Companies and transactions covered by the rule and exemptions, exceptions, and exclusions
  • Timing and transition periods
  • Open/unresolved issues
  • Key implementation and compliance priorities
  • Potential litigation


PANELISTS:

Elizabeth Ising is a partner in Gibson Dunn’s Washington, D.C. office and Co-Chair of the firm’s Securities Regulation and Corporate Governance and its ESG (Environmental, Social & Governance) practices. She also is a member of the firm’s Hostile M&A and Shareholder Activism team and Financial Institutions practice group. She advises clients, including public companies and their boards of directors, on corporate governance, securities law and, ESG and sustainability matters and executive compensation best practices and disclosures. Representative matters include advising on Securities and Exchange Commission reporting requirements, proxy disclosures, SASB and TCFD disclosures, director independence matters, proxy advisory services, board and committee charters and governance guidelines and disclosure controls and procedures. Ms. Ising also regularly counsels public companies on shareholder activism issues, including on shareholder proposals and preparing for and responding to hedge fund and corporate governance activism. She also advises non-profit organizations on corporate governance issues.

Thomas J. Kim is a partner in the Washington D.C. office of Gibson, Dunn & Crutcher, LLP, where he is a member of the firm’s Securities Regulation and Corporate Governance Practice Group. Mr. Kim focuses his practice on a broad range of SEC disclosure and regulatory matters, including capital raising and tender offer transactions and shareholder activist situations, as well as corporate governance, environmental social governance and compliance issues. He also advises clients on SEC enforcement investigations – as well as boards of directors and independent board committees on internal investigations – involving disclosure, registration, corporate governance and auditor independence issues. Mr. Kim has extensive experience handling regulatory matters for companies with the SEC, including obtaining no-action and exemptive relief, interpretive guidance and waivers, and responding to disclosures and financial statement reviews by the Division of Corporation Finance. Mr. Kim served at the SEC for six years as the Chief Counsel and Associate Director of the Division of Corporation Finance, and for one year as Counsel to the Chairman.

Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, co-chair of the firm’s Administrative Law and Regulatory Practice Group, and a senior member of the firm’s Labor and Employment Practice Group and Financial Institutions Practice Group. He returned to the firm after serving as U.S. Secretary of Labor from September 2019 to January 2021. Mr. Scalia has a nationally-prominent practice in two areas: Labor and employment law, and advice and litigation regarding the regulatory obligations of federal administrative agencies. He also has extensive appellate experience. Federal regulatory actions he has challenged include the SEC’s “proxy access” rule; the CFTC’s “position limits’” rule; MetLife’s designation as “too big to fail” by the Financial Services Oversight Council; the Labor Department’s “fiduciary” rule; and OSHA’s “cooperative compliance program.”

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.


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.

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.

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.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

The past five years have been particularly tumultuous in the biopharma sector. Strong capital markets and M&A activity into early 2020 were whipsawed during the pandemic, with equity valuations climbing significantly through early 2021 before dropping dramatically through the fourth quarter of 2023.

Join our team of seasoned attorneys and industry leaders where we provide a recap of 2023 highlights for capital markets, M&A activity, royalty finance transactions and clinical funding arrangements, along with expectations for the Life Sciences deal market in 2024.



PANELISTS:

Branden Berns is a partner in the San Francisco office of Gibson, Dunn & Crutcher, where he practices in the firm’s Corporate Transactions Practice Group, focusing on representing leading life sciences companies and investors. Branden advises clients in connection with a variety of financing transactions, including initial public offerings, secondary equity offerings and venture and growth equity financings, as well as complex corporate transactions, including mergers and acquisitions, asset sales, spin-offs, joint ventures, PIPEs and leveraged buyouts. Mr. Berns regularly serves as principal outside counsel for publicly-traded companies and advises management and boards of directors on corporate law matters, SEC reporting and corporate governance.

Todd Trattner, Ph.D. is Of Counsel in the San Francisco office of Gibson, Dunn & Crutcher, where he is a member of the firm’s Corporate Department with a practice focused on intellectual property transactions in the life sciences and technology industries. Todd represents public and private companies, investors, and academic institutions in the biotechnology, pharmaceutical, technology, medical device, and diagnostics industries in connection with licensing transactions, royalty financings, technology transactions, and mergers and acquisitions.

Melanie Neary is a senior associate in the San Francisco office of Gibson, Dunn & Crutcher, where she practices in the firm’s Corporate Transactions Practice Group, with a practice focused on advising clients in connection with a variety of financing transactions, including initial public offerings, secondary equity offerings and venture and growth equity financings as well as complex corporate transactions, including mergers and acquisitions. Melanie also regularly advises clients on corporate law matters, Securities and Exchange Commission reporting requirements and ownership filings and corporate governance.

Yasha Dyatlovitsky is a Managing Director in TD Cowen’s Private Capital Solutions Group focused exclusively on healthcare. Mr. Dyatlovitsky has over 20 years of experience in leveraged finance and structured credit products. Since 2020, he has helped companies raise over $7B in financing across debt, royalty, and preferred equity transactions. Mr. Dyatlovitsky joined TD Cowen in 2018 from Stifel, where he served as a Director in its Debt Capital Markets group. Mr. Dyatlovitsky started his career in the securitization group at Lehman Brothers, where he traded and securitized adjustable rate mortgage products.


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 CLE@gibsondunn.com 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.

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

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

Please join our team of Global Financial Regulatory experts as we discuss the latest legal and regulatory developments around the use of artificial intelligence (AI) by financial institutions across the world’s major financial centers. During this webcast, which we will host twice to cover all time zones, our market-leading team will provide their insights into:

  1. Regulatory issues and concerns in relation to the current and potential use cases of AI by financial institutions; and
  2. The attitudes of financial regulators across the US, United Kingdom, Europe, Hong Kong, Singapore and the Middle East to the rapidly evolving use of AI by the institutions they regulate.

In addition, the team will provide their predictions for the future of regulatory policy, supervision and enforcement in relation to the use of AI by financial institutions based on their extensive experience in these areas with the key global regulators.



PANELISTS:

Jeffrey L. Steiner is a partner in the Washington, D.C. office. He is chair of the firm’s Derivatives practice group and co-chair of the firm’s Global Financial Regulatory practice group. Jeffrey is also the co-chair to the firm’s Global Fintech and Digital Assets practice group and a member of the firm’s Financial Institutions, Energy and Public Policy practice groups. He advises a range of clients, including commercial end-users, financial institutions, dealers, hedge funds, private equity funds, clearinghouses, industry groups and trade associations on regulatory, legislative, enforcement and transactional matters related to OTC and listed derivatives, commodities and securities.

William R. Hallatt is a partner in the Hong Kong office. He is co-chair of the firm’s Global Financial Regulatory group and head of the Asia-Pacific Financial Regulatory practice. His full-service financial services regulatory practice provides comprehensive contentious and advisory support as a trusted advisor to the world’s leading financial institutions.

Michelle Kirschner is a partner in the London office, and co-chair of the firm’s Global Financial Regulatory group. She advises a broad range of financial institutions, including investment managers, integrated investment banks, corporate finance boutiques, private fund managers and private wealth managers at the most senior level. Michelle has a particular expertise in fintech businesses, having advised a number of fintech firms on regulatory perimeter issues.

Sara K. Weed is a partner in the Washington, D.C. office, and co-chair of the Global Fintech and Digital Assets Practice Group. Sara’s fintech’s practice spans both regulatory and transactional advice for a range of clients, including traditional financial institutions, non-bank financial services companies and technology companies.

Grace Chong is an of counsel in the Singapore office, and heads the Financial Regulatory practice in Singapore. She has extensive experience advising on cross-border and complex regulatory matters, including licensing and conduct of business requirements, regulatory investigations, and regulatory change. A former in-house counsel at the Monetary Authority of Singapore (MAS), she regularly interacts with key regulators, is closely involved in regional regulatory reform initiatives and has led discussions with regulators on behalf of the financial services industry.

Sameera Kimatrai is an English law qualified of counsel in the Dubai office, and a member of the firm’s Financial Regulatory Practice Group. She has experience advising governments, regulators and a broad range of financial institutions in the UAE including investment managers, commercial and investment banks, payment service providers and digital asset service providers on complex regulatory issues both in onshore UAE and in the financial free zones.


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.

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.

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.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

Multilateral Development Banks (“MDBs”), such as The World Bank, the Inter-American Development Bank, and Asian Development Bank, have robust enforcement processes to police fraud, corruption, and related sanctionable practices in MDB-funded projects. MDBs have powerful investigative, auditing, and sanctioning tools at their disposal, which can result in significant penalties against individuals and companies. These penalties can be financially devastating for companies—including being debarred from working on any MDB-funded projects anywhere in the world for a single violation on a single MDB-funded project. This webinar explores recent trends in MDB enforcement, and provides tips on how to manage MDB enforcement risk.



PANELISTS:

Michael Diamant is a partner in the Washington, D.C. office of Gibson Dunn. His practice focuses on white collar criminal defense, internal investigations, and corporate compliance. Mr. Diamant has broad white collar defense experience representing corporations and corporate executives facing criminal and regulatory charges. 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. Mr. Diamant also has managed numerous internal investigations for publicly traded corporations and conducted fieldwork in nineteen different countries on five continents. In addition to his U.S. government-facing work, Mr. Diamant has extensive World Bank Group enforcement experience, working on behalf of clients under investigation by the World Bank Integrity Vice Presidency and assisting companies already subject to World Bank sanction.

Christopher R. Kim is a senior managing director in the Washington, DC, office of Guidepost Solutions, focusing on investigations, due diligence, monitorships, and compliance. He brings over 25 years of investigative and/or legal experience in U.S. criminal cases, multilateral development banks sanctions cases, and internal corporate cases. Mr. Kim’s practice is focused on engagements involving investigations including internal investigations, defense investigations for federal, state and/or multilateral development bank sanctions cases and compliance matters involving regulatory actions. Prior to his private practice, Mr. Kim was a Senior Investigator at the World Bank Group, where he planned, managed, and directed multi-disciplinary teams in the audits of multi-national corporations alleged to have been involved in fraud, corruption and/or collusion in various regions, i.e., Asia, Southeast Asia, Europe and Africa. He also led due diligence efforts involved with the World Bank International Finance Corporation.

Pedro G. Soto is of counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the White Collar Defense and Investigations group, and his practice focuses primarily on anti-corruption and fraud matters. He has more than 12 years of experience representing corporations and individuals under investigation by government authorities. He has successfully represented companies under investigation by the integrity units at the World Bank and the Asian Development Bank, including by obtaining declinations of enforcement actions. Mr. Soto has particularly deep experience in Latin America, where he has worked on matters in more than 15 different countries. He also represents foreign governments and private claimants in significant litigation and arbitration matters.


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.

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.

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.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

Join our panelists from Gibson Dunn’s Environmental Litigation and Mass Tort practice group and Environmental, Social, and Governance (ESG) practice area as they discuss significant developments in federal and California environmental law and forecast what to expect for 2024. This webcast covers a range of topics of significant interest to regulated industries, including ongoing and anticipated rulemakings, federal enforcement targets and initiatives, and the evolving ESG landscape.



PANELISTS:

David Fotouhi is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. 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 has been recognized as a leading environmental lawyer in the District of Columbia by Chambers USA, a “Trailblazer” in environmental and energy law by National Law Journal, and a “Rising Star” in environmental law by Law360 for his work “on game-changing regulations and litigation.” Prior to entering private practice, David served as a law clerk to the Honorable Raymond W. Gruender of the United States Court of Appeals for the Eighth Circuit.

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 and was named as a Law360 2023 “Environmental MVP.”

Rachel Levick is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. 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 clients in a wide range of federal and state litigation, agency enforcement actions, cost recovery cases, and administrative rulemaking proceedings. She was named by Law360 as a 2023 Environmental “Rising Star,” which recognizes “attorneys under 40 whose legal accomplishments belie their age.” Rachel was also named by Best Lawyers as “One to Watch” in Environmental Litigation in 2022 and 2023.

Abbey Hudson is a partner in Gibson, Dunn & Crutcher’s Los Angeles office. Her practice focuses on environmental matters and complex trial litigation. She devotes a significant portion of her time to helping clients navigate environmental and emerging regulations and related governmental investigations. She has provided counseling and advice on environmental and regulatory compliance to clients on a wide range of issues, including supply chain transparency requirements, comments on pending regulatory developments, and enforcement counseling. The Legal 500 United States named Abbey a Next Generation Lawyer in the category of Industry Focus – Environment – Litigation.

Michael Murphy is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office. He is a leader of the firm’s Environmental, Social and Governance (ESG) practice area, and is a member of the firm’s Environmental Litigation and Mass Tort, and Administrative Law and Regulatory Practice Groups. Michael counsels clients on environmental and ESG issues related to corporate transactions and compliance. He also represents clients in a wide variety of investigation and litigation matters. Michael has been recognized as a Law360 Rising Star and, most recently, by Lawdragon as one of the Green 500: Leaders in Environmental Law for 2023.


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 CLE@gibsondunn.com 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.

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.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

Amer Ahmed, Anne Champion, and Apratim Vidyarthi cover significant developments in First Amendment law, including issues taken up by the Supreme Court. They discuss the gag orders imposed on former President Trump; the survival of New York Times v. Sullivan; the First Amendment and Section 230 of the Communications Decency Act; NRA v. Vullo; and legal developments involving the First Amendment and social media. Gibson Dunn will do a follow up webcast in July analyzing newly-issued Supreme Court decisions involving the First Amendment.



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.

He 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.

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, 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 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. He is admitted to practice in the State of New York.


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.

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.

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.

In the face of a rocky year for M&A transactions, 2023 presented new issues for dealmakers. Hear from seasoned practitioners on how deals are getting done and the issues being confronted. The discussion will cover various M&A-related topics, including the following:

  • Hot-button purchase agreement provisions;
  • Navigating the new landscape for non-compete covenants;
  • Capturing stock premium-based damages in busted deals;
  • Revised antitrust merger guidelines; and
  • M&A debt financing outlook for 2024 and its impact on deal-making.


PANELISTS:

Robert B. Little is a partner in Gibson, Dunn & Crutcher’s Dallas office, and he is a Global Co-Chair of the Mergers and Acquisitions Practice Group. Mr. Little has consistently been named among the nation’s top M&A lawyers every year since 2013 by Chambers USA. His practice focuses on corporate transactions, including mergers and acquisitions, securities offerings, joint ventures, investments in public and private entities, and commercial transactions. Mr. Little has represented clients in a variety of industries, including energy, retail, technology, infrastructure, transportation, manufacturing and financial services.

Krista Hanvey is co-chair of Gibson Dunn’s Employee Benefits and Executive Compensation practice group and co-partner in charge in 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.

Evan M. D’Amico is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where his practice focuses primarily on mergers and acquisitions. Mr. D’Amico advises companies, private equity firms, boards of directors and special committees in connection with a wide variety of complex corporate matters, including mergers and acquisitions, asset sales, leveraged buyouts, spin-offs and joint ventures.

Kristen Limarzi represents clients in merger and non-merger investigations before the DOJ, the Federal Trade Commission, and foreign antitrust enforcers. Her experience in merger matters spans the gamut of sectors, including consumer products, healthcare, oil and gas, telecommunications, financial and other data services, transportation, and high tech products. Leveraging her prior experience as a top enforcement official in the U.S. Department of Justice’s Antitrust Division, Kristen brings a practical approach to helping clients navigate the increasingly complex antitrust enforcement environment.

Douglas S. Horowitz is a partner in the New York office of Gibson, Dunn & Crutcher. Doug is the head of Leveraged and Acquisition Finance, co-chair of Gibson Dunn’s Global Finance Practice Group, and an active member of the Capital Markets Practice Group and Securities Regulation and Corporate Governance Practice Group.


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 CLE@gibsondunn.com 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.

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.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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

Please join us for a discussion about the latest developments and trends in U.S. and international anti-money laundering (AML) and sanctions laws, regulations, and enforcement. In particular, we will cover recent updates related to BSA/AML and sanctions rulemaking, legislation, and guidance. We will also have a detailed discussion of key areas of focus seen in recent enforcement actions, including digital assets, fintech partnerships and innovative technologies, customer risk ratings and diligence processes, financial transactions involving Russia, cybersecurity, and risk-based compliance measures. We will also discuss compliance expectations and best practices, and what to expect for BSA/AML and sanctions in 2024, including with respect to anticipated FinCEN rulemaking for investment advisers and real estate businesses.



PANELISTS:

F. 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. His clients include corporations, officers, directors and professionals in regulatory, investigative and trials involving federal regulatory inquiries, criminal investigations and cross-border inquiries by dozens of international enforcers. Mr. Warin is admitted to practice in the District of Columbia.

Stephanie L. Brooker is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. She is co-chair of the firm’s Global White Collar Defense and Investigations, Financial Institutions, and Anti-Money Laundering Practice Groups. She is a former federal prosecutor and the former Director of the Enforcement Division at the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN). As a prosecutor, Ms. Brooker investigated and prosecuted a broad range of white collar and other federal criminal matters, briefed and argued criminal appeals, and served as the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney’s Office for the District of Columbia. Ms. Brooker’s practice focuses on internal investigations, regulatory enforcement defense, white-collar criminal defense, and compliance counseling. She handles a wide range of white collar matters, including representing financial institutions, multi- national companies, and individuals in connection with criminal, regulatory, and civil enforcement actions involving sanctions; anti-corruption; anti-money laundering (AML)/Bank Secrecy Act (BSA); digital assets and fintech; securities, tax, and wire fraud, foreign influence; sensitive employee issues; and other legal issues. She routinely handles complex cross-border investigations. Ms. Brooker’s practice also includes BSA/AML and FCPA compliance counseling and deal due diligence and significant criminal and civil asset forfeiture matters. She is admitted to practice in the District of Columbia.

M. Kendall Day is a nationally recognized white-collar partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he is co-chair of Gibson Dunn’s Global Fintech and Digital Assets Practice Group, co-chair of the firm’s Financial Institutions Practice Group, co-leads the firm’s Anti-Money Laundering practice, and is a member of the White Collar Defense and Investigations and Crisis Management Practice Groups. Prior to joining Gibson Dunn, Mr. Day had a distinguished 15-year career as a white collar prosecutor with the Department of Justice (DOJ), rising to the highest career position in the DOJ’s Criminal Division as an Acting Deputy Assistant Attorney General. In various leadership positions, from 2013 until 2018, Mr. Day supervised investigations and prosecutions of many of the country’s most significant and high-profile cases involving allegations of corporate and financial misconduct. He also exercised nationwide supervisory authority over the DOJ’s money laundering program, particularly any BSA and money-laundering charges, deferred prosecution agreements and non-prosecution agreements involving financial institutions. Mr. Day is licensed to practice in the Commonwealth of Virginia and the District of Columbia.

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. As one of the nation’s leading international lawyers, Mr. Smith focuses on international trade compliance and white collar investigations, including with respect to federal and state economic sanctions enforcement, CFIUS, the Foreign Corrupt Practices Act, embargoes, and export and import controls. Mr. Smith previously served in the Obama Administration as the Senior Advisor to the Director of the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) and as the Director for Multilateral Affairs on the National Security Council. He is admitted to practice in the District of Columbia and Maryland.

Ella Alves Capone is Of Counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher. She is a member of the White Collar Defense and Investigations, Global Financial Regulatory, and Anti-Money Laundering Practice Groups. Ms. Capone’s practice focuses on advising multinational corporations and financial institutions on Bank Secrecy Act/anti-money laundering (BSA/AML), anti-corruption, sanctions, and payments regulatory and enforcement matters. She has particularly extensive experience advising major banks, casinos, social media and gaming platforms, marketplaces, fintechs, payment service providers, and cryptocurrency businesses on regulatory compliance. Ms. Capone is admitted to practice in the District of Columbia and New York, as well as before the United States District Courts for the Eastern and Southern Districts of New York.

Chris Jones is a senior associate in the Los Angeles office of Gibson, Dunn & Crutcher and a member of the White Collar Defense and Investigations and Anti-Money Laundering Practice Groups. Mr. Jones has experience representing clients in a wide range of anti-corruption, anti-money laundering, litigation, sanctions, securities, and tax matters. He has represented various corporations, including a number of financial technology and cryptocurrency companies, in investigations by the DOJ, SEC, FinCEN, and OFAC. Mr. Jones is admitted to practice in the District of Columbia, California and New York.


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 2.0 credit hours 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 2.0 hours.

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 2.0 hours. 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 2 hours 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.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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

Throughout 2023, regulators around the world continued to face corruption challenges as part of an increasingly competitive—and politically tense—global market. Economic downturns, continued armed conflict, and rising tensions between global superpowers both drove corruption risk, and complicated cooperative enforcement of anti-corruption laws. This webcast will explore the approach taken by emerging markets in addressing these challenges and examine the trends seen in FCPA and local anti-corruption enforcement actions.

Tensions between China and the United States continue to complicate cross-border cooperation, but have not slowed the pace of global and domestic anti-corruption enforcement in the region. China continues to impose new laws and regulations aimed at both bribe payors and recipients, while expanding its anti-corruption sweep in the finance and healthcare sectors. In India, there have been a slew of legislative and regulatory developments that impact compliance requirements and investigative procedures in the country. Widely heralded reforms in Latin America have failed to result in meaningful enforcement actions to curb corruption. In Africa, while recent years have seen encouraging anti-corruption enforcement trends both through local agencies and prosecuting agencies abroad, these advances are threatened by an uptick in non-democratic political transitions and continuing risks of armed conflict. While Russia-focused sanctions have lead many U.S. and European businesses to discontinue operations there, some of Russia‘s neighboring markets have thrived by creating a new map of trade flows, many with new and challenging risk profiles that require significant attention.

Join our team of experienced international anti-corruption attorneys to learn more about how to do business in Asia, Latin America, Europe, CIS and across Africa without running afoul of anti-corruption laws, including the Foreign Corrupt Practices Act (“FCPA”).

Topics to be discussed:

  1. An overview of FCPA enforcement statistics and trends for 2023;
  2. The corruption landscape in key emerging markets, including recent headlines and scandals;
  3. Lessons learned from local anti-corruption enforcement in Asia, Latin America, Europe, CIS, and across Africa;
  4. Key anti-corruption legislative changes in Asia, Latin America, Europe, CIS, and Africa; and
  5. Mitigation strategies for businesses operating in high-risk areas


PANELISTS:

Kelly S. Austin leads Gibson Dunn’s White Collar Defense and Investigations Practice Group in Asia and is a global co-chair of the firm’s Anti-Corruption and FCPA Practice Group. Kelly is ranked annually in the top-tier by Chambers Asia Pacific and Chambers Global in Corporate Investigations/Anti-Corruption: China. Her practice focuses on investigations, regulatory compliance and international disputes. She has extensive expertise in government and corporate internal investigations, including those involving the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws, and anti-money laundering, securities, and trade control laws.

Kelly is a member of the bars of Colorado, Virginia and the District of Columbia, and is admitted to practice in a variety of district and appellate courts in the United States. She is admitted to practice as a solicitor in Hong Kong.

Patrick Doris is a partner in Gibson Dunn’s Dispute Resolution Group in the London office, where he advises financial sector clients and others on OFAC and EU sanctions violations, responses to major cyber-penetration incidents, and other matters relating to national supervisory and regulatory bodies. Patrick’s practice also includes transnational litigation, cross-border investigations, and compliance advisory for clients including major global investment banks, global corporations, leading U.S. operators in the financial sectors, and global manufacturing companies, among others. Most recently, Patrick was recognised by The Legal 500 UK 2024 in the field of Regulatory Investigations and Corporate Crime.

Patrick speaks English, Spanish, French and Catalan, with recent experience of conducting investigations in each of those languages. He is admitted to practice as a solicitor in England & Wales.

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 2023 and The Legal 500 EMEA 2023 name her the Rising Star in the field of compliance.

Katharina speaks German, English, French and Italian. She is admitted to practice in Germany (Rechtsanwalt).

Benno Schwarz is a partner in Gibson Dunn’s Munich office and co-chair of the firm’s Anti-Corruption & FCPA Practice Group, where his practice focuses on white collar defense and compliance investigations. Benno is ranked annually as a leading lawyer for Germany in White Collar Investigations/Compliance by Chambers Europe and was named by The Legal 500 Deutschland 2023 and The Legal 500 EMEA 2023 as one of our Leading Individuals in Internal Investigations, and also ranked for Compliance. He is noted for his “special expertise on compliance matters related to the USA and Russia.” Benno advises companies on sensitive cases and investigations involving compliance issues with international aspects, such as the implementation of German or international laws in anti-corruption, money laundering and economic sanctions, and he has exemplary experience advising companies in connection with FCPA and NYDFS monitorships or similar monitor functions under U.S. legal regimes.

Benno speaks German and English and is a state-certified translator (IHK) for Russian, which makes it possible for him to carry out internal investigations and regulatory proceedings in all three languages. He has practiced as an admitted German lawyer (Rechtsanwalt) since 1993.

Patrick F. Stokes is a litigation partner in Gibson Dunn’s Washington, D.C. office, where he is the co-chair of the Anti-Corruption and FCPA Practice Group and a member of the firm’s White Collar Defense and Investigations, Securities Enforcement, and Litigation Practice Groups. Patrick’s practice focuses on internal corporate investigations, government investigations, enforcement actions regarding corruption, securities fraud, and financial institutions fraud, and compliance reviews. He has tried more than 30 federal jury trials as first chair, including high-profile white-collar cases, and handled 16 appeals before the U.S. Court of Appeals for the Fourth Circuit. Patrick regularly represents companies and individuals before DOJ and the SEC, in court proceedings, and in confidential internal investigations. Most recently, Best Lawyers in America® recognized Patrick as a “Best Lawyer” in Criminal Defense: White-Collar (2024).

Patrick is a member of the bars of Maryland and the District of Columbia.

Oliver D. Welch is a resident partner in Gibson Dunn’s Hong Kong office and a partner in the Singapore office. Oliver has extensive experience representing multi-national corporations throughout the Asia region on a wide variety of compliance and anti-corruption issues. He focuses on internal and regulatory investigations, including those involving the Foreign Corrupt Practices Act and regularly counsels clients on their anti-corruption compliance programs and controls, including the drafting of policies, procedures, and training materials designed to foster compliance with global anti-corruption laws. Oliver also frequently advises on anti-corruption due diligence in connection with corporate acquisitions, private equity investments, and other business transactions.

He speaks Korean and is a member of the bars of New York and the District of Columbia.

Ning Ning is an of counsel in the Hong Kong office. Ning’s practice focuses on advising clients on government and internal investigations compliance counseling, and compliance due diligence matters across the Asia-Pacific region. She has represented clients before the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) involving potential violations of the U.S. Foreign Corrupt Practices Act, securities laws, and other white collar defense matters. Ning is a native Mandarin speaker and has extensive experiences in China-related investigations and compliance matters.

Ning is a member of the bar of Illinois. She is admitted to practice as a solicitor in Hong Kong.

Karthik Ashwin Thiagarajan, an of counsel in the Singapore office, assists clients with investigations in the information technology, fin-tech, telecommunications, logistics and fast-moving consumer goods sectors in India and Southeast Asia. He advises clients on internal investigations and anti-corruption reviews in the region. A client praised him for being “on top of his trade” in the India Business Law Journal’s 2019 “Leaders of the pack” report.

Karthik speaks English, Hindi, Tamil and Kannada. He is admitted to practice in India and New York.


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 2.0 credit hours, of which 2.0 credit hours 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 2.0 hours.

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 2.0 hours. 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 2 hours 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.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

In recent years, regulatory action has been on the upswing in New York, with state and city administrative agencies and officials adopting increasingly aggressive roles in governing virtually every industry across the State. As a result, now more than ever it is essential for those working in regulated industries—whether on the legal or business side—to understand their legal options in challenging New York state and city agency rules, regulations, determinations, and other executive actions and policies. The primary vehicle for mounting such a challenge is the Article 78 action, a type of summary proceeding brought in New York State Supreme Court.

In this one-hour webcast, four of our most experienced attorneys in the field of challenging government action in New York—partners Mylan Denerstein, Gabriel Herrmann, and Akiva Shapiro, and of counsel Paul Kremer—provide practical and strategic guidance for the successful prosecution of Article 78 actions. Drawing on real-world examples from their practice, they will discuss the primary strategic issues that should be considered in deciding whether to bring an Article 78 challenge (versus, for example, a suit in federal court); provide a roadmap for litigating Article 78 proceedings and keys to success; and discuss the procedural hurdles government actors often raise in defending against these actions, and ways of overcoming those hurdles. The program is beneficial to anyone working in a regulated industry or otherwise affected by actions taken by New York city and state agencies and officials, as well as for practitioners.



PANELISTS:

Mylan L. Denerstein is a litigation partner in the New York office of Gibson, Dunn & Crutcher. Mylan is a co-chair of the Public Policy Practice Group and a member of the Crisis Management, White Collar Defense and Investigations, Financial Institutions, Labor and Employment, Securities Litigation, and Appellate Practice Groups. Mylan leads complex litigation and internal investigations, representing companies confronting a wide range of legal issues, in their most critical times. Mylan is known not only for her effective legal advocacy, but also for her problem solving skills. In addition, Mylan is global chair of the firm’s Diversity Committee and co-partner in charge of the New York office. Mylan was previously a member of the firm’s Executive Committee.

In 2022, Mylan was appointed to serve as the independent NYPD Monitor to oversee the court ordered reform process. Previously, Mylan has served in a wide variety of leadership roles in government, including as Counsel to the New York State Governor, as an Executive Deputy Attorney General in the New York Attorney General’s Office, and as Deputy Commissioner for Legal Affairs for the New York City Fire Department. In addition, Mylan served as a federal prosecutor in the U.S. Attorney’s Office for the Southern District of New York, prosecuting complex securities and fraud cases, and then as Deputy Chief of the Criminal Division.

Gabriel Herrmann is a partner in the New York office of Gibson, Dunn & Crutcher, and a member of Gibson Dunn’s Litigation Practice Group. His practice focuses on complex business and financial-services litigation, including disputes concerning commercial breach of contract claims, fraud and business torts, insolvency-related litigation, disputed interests in real property, shareholder derivative and securities litigation, antitrust and competition law, insurance, class actions, and M&A-related litigation. A substantial portion of his experience concerns matters involving cross-border jurisdictional issues, coordination of parallel overseas proceedings, and international choice-of-law and venue considerations. In addition to his commercial practice, Mr. Herrmann has significant experience representing clients in matters relating to the operations of New York State and City governmental entities, including both administrative and judicial review of agency determinations and constitutional challenges to government action and legislation. He practices actively in the federal district and bankruptcy courts, as well as the civil and Commercial Division courts of New York State, and has extensive appellate experience in both the New York State and federal court systems.

Akiva Shapiro is a litigation partner in Gibson, Dunn & Crutcher’s New York office, Chair of the Firm’s New York Administrative Law and Regulatory Practice Group, Co-Chair of its Religious Liberty Working Group, and a member of the Firm’s Appellate and Constitutional Law, Media, Entertainment and Technology, and Securities Litigation Practice Groups, among others. Mr. Shapiro’s practice focuses on a broad range of high-stakes constitutional, administrative, commercial, and appellate litigation matters. He is regularly engaged in front of New York’s trial courts, federal and state courts of appeal, and the U.S. Supreme Court.

Paul J. Kremer is Of Counsel in the New York office of Gibson, Dunn & Crutcher. He is a member of Gibson Dunn’s Litigation, Intellectual Property, and Crisis Management Practice Groups, where he focuses on contract, lease, and license disputes; patent infringement cases; and state and local regulatory challenges.

Paul represents a diverse array of clients engaged in high-stakes commercial litigation, from New York City park trustees and private real estate developers to Fortune 100 technology companies and prestige television networks. His intellectual property clients run the gamut, from garage startups to world-renowned pharmaceutical and consumer electronics makers. He also has extensive experience helping clients of all types navigate the New York State and New York City regulatory spheres.


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 CLE@gibsondunn.com 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.

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.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

Key practitioners from our Los Angeles, Orange County, San Francisco, Washington, D.C. and Palo Alto offices hosted Gibson Dunn’s annual complimentary MCLE briefing which provides 8.0 hours of CLE credit, including specialty subjects such as Ethics, Elimination of Bias, and Competence Issues.

The 3-day program included the latest developments at the United States Supreme Court and SEC, Antitrust Hot Topics, State Bar New Reporting Requirements, and AI amongst other timely topics.

If you have any questions about the program or indeed future programs, please contact LAEvents@gibsondunn.com.

Leading Teams with Empathy



PANELISTS:

  • Tiaunia Henry
  • Abbey Hudson
  • Jarrett Green

AI Regulation + Governance: Recapping the Year Behind, Previewing the Year Ahead



PANELISTS:

  • Vivek Mohan
  • Eric Vandevelde
  • Cassandra L. Gaedt-Sheckter
  • Frances Waldmann

Impact of Recent Supreme Court Decisions on Corporate DEI Programs



PANELISTS:

  • Cynthia Chen McTernan
  • Katherine Smith

Jones v. City of Los Angeles: Gibson Dunn Achieves Historic Civil Rights Victory



PANELISTS:

  • Katie Marquart
  • Courtney Johnson
  • Lauren Blas

We’re All Snitches Now: The New State Bar Reporting Rule



PANELISTS:

  • Joe Rose
  • Poonam Kumar

Antitrust Hot Topics: Increased Enforcement Activity in Recent Years



PANELISTS:

  • Chris Whittaker
  • Caeli A. Higney
  • Chris Wilson
  • Amy Feagles

Supreme Court Roundup



PANELISTS:

  • Samuel Eckman
  • Elizabeth Dooley

SEC Rulemaking and Related Developments



PANELISTS:

  • Kevin Bettsteller
  • Mike Titera
  • Aaron Briggs

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 8.0 credit hours, of which 1.0 credit hour may be applied toward the Elimination of Bias requirement, 1.0 credit hour may be applied toward the Competence Issues requirement, 1.0 credit hours may be applied toward the Ethics requirement and 5.0 credit hours may be applied toward the General Practice requirement.

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 8.0 credit hours, of which 2.5 credit hours may be applied toward the areas of Ethics and Professionalism; 1.0 credit hour may be applied toward the areas of Diversity, Inclusion and Elimination of Bias and 4.5 credit hours may be applied toward the areas of Professional Practice. These courses are approved for transitional/non-transitional credit.

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 8.0 hours. 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 8.0 hours toward your annual CLE requirement in Connecticut, including 2.5 hours of ethics/professionalism.

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

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

This 60-minute webcast covers key developments to be aware of as you prepare your 2024 proxy statement, including:

  • Proxy season trends
  • Recent and upcoming SEC rulemaking
  • Investor and proxy advisor updates

Please join us for a discussion of these topics and questions provided by the audience.



PANELISTS:

Aaron K. Briggs is a partner in Gibson Dunn’s San Francisco, CA office, where he works in the firm’s securities regulation and corporate governance and ESG practice groups. Mr. Briggs’ practice focuses on advising public companies, with a focus on technology and life sciences companies, on a wide range of corporate governance, securities and ESG matters, including in going-public transactions. Before rejoining Gibson Dunn, Mr. Briggs served as Executive Counsel at General Electric Company. His in-house experience— which included responsibility for SEC reporting and compliance, board governance, proxy and annual meeting, investor outreach and executive compensation matters, and included driving GE’s redesign of its full suite of investor communications provides a unique insight and practical perspective on the issues that his clients face every day. Mr. Briggs is a frequent speaker on securities and ESG matters.

Julia Lapitskaya is a partner in Gibson Dunn’s New York office. 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. Ms. Lapitskaya is a frequent author and speaker on securities law and ESG issues and is a member of the Society for Corporate Governance.

Based in Gibson Dunn’s Orange County office, Lauren Assaf-Holmes advises public companies across industries on a variety of ESG, compliance and related corporate law matters as a member of the firm’s Securities Regulation and Corporate Governance Practice Group. Lauren advises clients throughout the year on financial reporting and compliance matters in connection with Securities and Exchange Act reporting (including Section 16 and Schedule 13G/D reports), as well as beginning or expanding ESG-related reporting. She has contributed to the publication Legal Risks and ESG Disclosures: What Corporate Secretaries Should Know and presents on these and related topics.

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 CLE@gibsondunn.com 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.

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.

© 2023 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

With ongoing volatility due to the conflict in the Middle East, the Russia-Ukraine conflict, and other global developments and trends, companies have been navigating a complex 2023 capital raising market. Join partners of Gibson Dunn’s Capital Markets and Securities Regulation and Corporate Governance practice groups, as they provide an overview of market activity in 2023 and how companies have reacted to the market impact of these developments. This webcast also discusses thoughts on 2024 capital raising and the key issues and opportunities that may impact companies considering capital raise transactions in the next year.



PANELISTS:

Andrew L. Fabens is a partner and serves as co-partner in charge of the New York office, co-chair of Gibson Dunn’s Capital Markets Practice Group and is a member of Gibson Dunn’s Securities Regulation and Corporate Governance Practice Group. Mr. Fabens advises companies on long-term and strategic capital planning, disclosure and reporting obligations under U.S. federal securities laws, corporate governance issues and stock exchange listing obligations. He represents issuers and underwriters in public and private corporate finance transactions, both in the United States and internationally. His experience encompasses initial public offerings, follow-on equity offerings, investment grade, high-yield and convertible debt offerings and offerings of preferred, hybrid and derivative securities. In addition, he regularly advises companies and investment banks on corporate and securities law issues, including M&A financing, spinoff transactions and liability management programs.

Robert D. Giannattasio is a partner (effective January 1, 2024) in the New York office of Gibson, Dunn & Crutcher and practices in Gibson Dunn’s Capital Markets Practice Group, Securities Regulation and Corporate Governance Practice Group and Global Finance Practice Group. He has a broad corporate and capital markets practice representing issuers and underwriters on a variety of public and private debt and equity offerings, including acquisition financings, investment-grade and high-yield debt offerings, IPOs and follow-on equity offerings and liability management transactions. Robert has led a number of complex cross-border transactions and regularly advises companies on securities law and corporate governance matters, SEC reporting and disclosure issues.

Thomas J. Kim is a partner in the Washington D.C. office of Gibson, Dunn & Crutcher, LLP, where he is a member of the firm’s Securities Regulation and Corporate Governance Practice Group. Mr. Kim focuses his practice on a broad range of SEC disclosure and regulatory matters, including capital raising and tender offer transactions and shareholder activist situations, as well as corporate governance, environmental social governance and compliance issues. He also advises clients on SEC enforcement investigations – as well as boards of directors and independent board committees on internal investigations – involving disclosure, registration, corporate governance and auditor independence issues. Mr. Kim has extensive experience handling regulatory matters for companies with the SEC, including obtaining no-action and exemptive relief, interpretive guidance and waivers, and responding to disclosures and financial statement reviews by the Division of Corporation Finance. Mr. Kim served at the SEC for six years as the Chief Counsel and Associate Director of the Division of Corporation Finance, and for one year as Counsel to the Chairman.

Ben McNulty is an Executive Director in J.P. Morgan’s Debt Capital Markets group. His clients primarily include investment grade public companies in the TMT industry. He has advised on complex debt offerings, liability management exercises, loan syndications and general capital structure advisory.

Alice Takhtajan is a Managing Director in J.P. Morgan’s Equity Capital Markets group.

© 2023 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

The role of ESG in capital markets transactions has evolved significantly over the last five years. Please join us for a discussion of these topics and questions provided by the audience.

  • What opportunities does ESG present to access capital?
  • What risks does leveraging ESG present for issuers and underwriters?
  • How does ESG impact marketing, disclosure and diligence?
  • What are current ESG market trends?
  • How can we expect ESG to impact capital markets in the future?


PANELISTS:

Crystal Simpson is a managing director and head of energy equity capital markets at Evercore, which includes sustainable energy & clean technology, oil & gas, power, mining and chemicals. Ms. Simpson has led more than 550 bookrun energy equity offerings. Since 2012, she has raised over $120 billion for energy companies, including Altus Power, Antero, Crescent Energy, EVgo, Gulfport, Lithium Americas, Plains All American, Piedmont Lithium, QuantumScape, Shell Midstream, Rice Energy, RSP Permian, Targa, Viper and Williams. She has deep experience leading initial public offerings, follow-ons, equity-linked offerings, private investments in public equities (PIPEs) and pre-IPO capital. She graduated summa cum laude from Washington & Lee University with a B.S. in business administration and accounting alongside a double-major in broadcast journalism.

Oscar Sloterbeck is a senior managing director and leads Evercore ISI’s Company Surveys Team. Mr. Sloterbeck was ranked No. 3 for economics in the 2023 Institutional Investor All-America Research Team survey, a position he has held since 2019. As head of Company Surveys, he oversees proprietary surveys of companies, investors and U.S. states, as well as teens and young adults. These surveys provide unique insights into the economy and market sentiment. Prior to joining Evercore, Mr. Sloterbeck spent three years at JPMorgan Investment Management on the macroeconomics team. He is a chartered financial analyst and earned his B.A. from the College of William & Mary.

Hillary Holmes is Co-Chair of Gibson Dunn’s Capital Markets practice group. Hillary advises corporations, investment banks and institutional investors on all forms of long-term and strategic capital raising, including sustainability-linked financings and IPOs. She regularly advises companies on obligations under federal securities laws, corporate governance and ESG issues. Chambers ranks her amongst the top lawyers for energy capital markets, energy transactions and corporate counseling, and Law 360 has twice named her an Energy MVP. Hillary earned her JD from University of Pennsylvania Law School and her BA from Duke University, cum laude.

Jason Meltzer is a partner in Gibson Dunn’s Litigation Department and has experience in a wide range of complex commercial litigation, with an emphasis on securities and consumer products class action defense. Jason has defended several cases challenging ESG statements as false or misleading, and authored several publications on minimizing risks in connection with ESG statements. Jason also frequently consults for companies about how to minimize litigation risks in connection with their ESG statements and reports. The National Law JournalSuper Lawyers, and The Washington Post Magazine have all recognized Jason as a class actions and civil litigation “Rising Star,” and Jason was recently recognized as one of The Best Lawyers in America in the Commercial Litigation category. Jason received his B.A., magna cum laude, from the University of Pennsylvania, and his J.D. from the University of Pennsylvania Law School.

Marie Kwon is of counsel in the New York office of Gibson, Dunn & Crutcher. She is a member of the firm’s Capital Markets and Securities and Regulation and Corporate Governance Groups. Marie’s practice focuses on counseling corporations and financial institutions on a wide variety of capital markets transactions, including initial public offerings, secondary offerings, debt offerings and ESG financing. In addition, she has advised public companies on reporting obligations under the Exchange Act. Marie received her Juris Doctor from Columbia University. She graduated magna cum laude from Brown University with a Bachelor of Arts degree in International Relations and was a member of Phi Beta Kappa.


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 CLE@gibsondunn.com 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.

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.

© 2023 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

Join us for a 30-minute briefing covering several M&A practice topics. The program is the fourth in a series of quarterly webcasts designed to provide quick insights into emerging issues and practical advice on how to manage common M&A problems. Stephen Glover, co-chair of the firm’s Global Mergers and Acquisitions Practice, acts as moderator.

Topics discussed:

  • Branden Berns and Pamela Endreny discuss some of the key corporate, securities law and tax issues that arise in connection with the use of contingent value rights to bridge valuation gaps in M&A transactions.
  • Lora Elizabeth MacDonald describes the Department of Justice’s plan to provide guidance regarding corporate self-disclosure tailored to M&A transactions.
  • Andrew Kaplan provides an update on recent trends in shareholder activism.


PANELISTS:

Stephen Glover is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher who has served as Co-Chair of the firm’s Global Mergers and Acquisitions Practice. Mr. Glover has an extensive practice representing public and private companies in complex mergers and acquisitions, joint ventures, equity and debt offerings and corporate governance matters. His clients include large public corporations, emerging growth companies and middle market companies in a wide range of industries. He also advises private equity firms, individual investors and others. Mr. Glover has been ranked in the top tier of corporate transactions attorneys in Washington, D.C. for the past seventeen years (2005 – 2023) by Chambers USA America’s Leading Business Lawyers. He has also been selected by Chambers Global for the past five years as a top lawyer for USA Corporate/M&A. Chambers has singled out Mr. Glover as the only “Star” corporate lawyer in the District of Columbia.

Branden Berns is a partner in the San Francisco office of Gibson, Dunn & Crutcher, where he practices in the firm’s Corporate Transactions Practice Group, with a practice focused on representing leading life sciences companies and investors. Mr. Berns advises clients in connection with a variety of financing transactions, including initial public offerings, secondary equity offerings and venture and growth equity financings, as well as complex corporate transactions, including mergers and acquisitions, asset sales, spin-offs, joint ventures, PIPEs and leveraged buyouts. Mr. Berns regularly serves as principal outside counsel for publicly-traded companies and advises management and boards of directors on corporate law matters, SEC reporting and corporate governance.

Pamela Lawrence Endreny is a partner in the New York office of Gibson, Dunn & Crutcher. Ms. Endreny represents clients in a broad range of U.S. and international tax matters. Ms. Endreny’s experience includes mergers and acquisitions, spin-offs, joint ventures, financings, restructurings and capital markets transactions. She has obtained private letter rulings from the Internal Revenue Service on tax-free spin-offs and other corporate transactions. She has been repeatedly selected for inclusion in Chambers USA: America’s Leading Lawyers for Business, and was also named a Tax “MVP” by Law360. Ms. Endreny is a member of the Executive Committee of the New York State Bar Association Tax Section. She is also a member of the Tax Forum and Private Investment Fund Tax Forum.

Andrew Kaplan is a partner in the New York office of Gibson, Dunn & Crutcher, where his practice focuses on mergers and acquisitions, and corporate governance matters. Mr. Kaplan represents both public and private acquirors and targets in connection with mergers, acquisitions and takeovers, both negotiated and contested. Mr. Kaplan also advises corporations and their boards of directors in connection with corporate governance and compliance matters, shareholder activism, takeover preparedness and other corporate matters. He also represents various major investment banks as financial advisors in M&A transactions, and hedge funds in their M&A and investment activities. Mr. Kaplan also has represented both issuers and underwriters in a variety of securities transactions.

Lora Elizabeth MacDonald is of counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher. She practices in the Firm’s Litigation Department, focusing on white collar criminal defense, internal investigations, and corporate compliance.Lora has extensive experience representing multinational corporations as well as individuals in connection with internal investigations related to potential violations of the U.S. Foreign Corrupt Practices Act (“FCPA”) and U.S. antitrust laws. As part of her practice, she regularly interacts with attorneys at the U.S. Department of Justice and the U.S. Securities and Exchange Commission. Lora has particular experience guiding companies towards the resolution of DOJ and SEC investigations, as well as prophylactic and post-resolution corporate compliance. Lora regularly advises on anti-corruption aspects of proposed mergers and acquisitions, and conducts related due diligence as well as compliance program reviews and pre- and post-acquisition due diligence.


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.

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 30 minutes toward your annual CLE requirement in Connecticut, including 0 hour(s) of ethics/professionalism.

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

© 2023 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

Please join us for this 60-minute program. The panel covers key developments to be aware of headed into the 2023 Form 10-K reporting season, including recent SEC rulemaking and comment letters, disclosure trends and other developments such as:

  • New Cybersecurity Risk Management, Strategy, and Governance Disclosures
  • New Share Repurchase and Rule 10b5-1 Plan Disclosures
  • SEC Comment Letter and Company Disclosure Trends


PANELISTS:

Mike Titera is a partner in the Orange County office and a member of the Firm’s Securities Regulation and Corporate Governance Practice Group. His practice focuses on advising public companies regarding securities disclosure and compliance matters, financial reporting, and corporate governance. Mr. Titera often advises clients on accounting and auditing matters and the use of non-GAAP financial measures. He also has represented clients in investigations conducted by the Securities and Exchange Commission and the Financial Industry Regulatory Authority. Mr. Titera’s clients range from large-cap companies with global operations to small-cap companies in the pre-revenue phase. His clients operate in a range of sectors, including the retail, technology, pharmaceutical, hospitality, and financial services sectors. Mr. Titera is a frequent author on a range of securities law issues. His recent publications include articles in Insights and Deal Lawyers. Mr. Titera also co-authors a chapter regarding audit committees in the treatise “A Practical Guide to SEC Proxy and Compensation Rules” and contributed to a chapter about accounting-related matters in “Director’s Handbook: A Field Guide to 101 Situations Commonly Encountered in the Boardroom,” a recent publication of the American Bar Association.

Thomas J. Kim is a partner in the Washington D.C. office of Gibson, Dunn & Crutcher, LLP, where he is a member of the firm’s Securities Regulation and Corporate Governance Practice Group. Mr. Kim focuses his practice on a broad range of SEC disclosure and regulatory matters, including capital raising and tender offer transactions and shareholder activist situations, as well as corporate governance, environmental social governance and compliance issues. He also advises clients on SEC enforcement investigations – as well as boards of directors and independent board committees on internal investigations – involving disclosure, registration, corporate governance and auditor independence issues. Mr. Kim has extensive experience handling regulatory matters for companies with the SEC, including obtaining no-action and exemptive relief, interpretive guidance and waivers, and responding to disclosures and financial statement reviews by the Division of Corporation Finance. Mr. Kim served at the SEC for six years as the Chief Counsel and Associate Director of the Division of Corporation Finance, and for one year as Counsel to the Chairman.

David Korvin is a corporate associate in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he currently practices in the firm’s Securities Regulation and Corporate Governance Practice Group. He advises public companies and their boards with respect to corporate governance, federal securities, financial reporting and accounting, insider trading, stock exchange, shareholder engagement, ESG and executive compensation matters. Prior to joining Gibson Dunn, David was an attorney at the Securities and Exchange Commission in the Division of Corporation Finance, where he handled the legal review of Securities Act and Exchange Act filings and served as a member of the Shareholder Proposal Taskforce.

Meghan Sherley is a corporate associate in the Orange County office of Gibson, Dunn & Crutcher, where she currently practices in the firm’s corporate department. Her practice is focused on securities regulation and corporate governance, including matters relating to ESG, compliance, and other general corporate matters. She writes and presents on these topics, including on trends and developments in human capital management disclosures. Meghan’s pro bono engagements include advising nonprofit entities on a variety of compliance and transactional matters.


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 CLE@gibsondunn.com 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.

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© 2023 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.

Join leaders of our renowned ESG practice for a lively, informative and interactive discussion about recent European Union ESG and AI developments and the impact on U.S. businesses.

The discussion highlights:

  • human rights implications
  • how companies can best comply
  • the current temperature in Europe
  • anti-ESG sentiment in the US


PANELISTS:

Robert Spano is a partner in the London and Paris offices where he practices in the field of international dispute resolution and advises on regulatory matters. He is a member of the firm’s Transnational Litigation, International Arbitration, Environment, Social and Governance (ESG), Privacy, Cybersecurity and Data Innovation, Technology Regulatory and Litigation, Artificial Intelligence, and Public Policy Practice Groups. He is a leading expert in public international law, business and human rights, EU law and the law of the European Convention on Human Rights, bringing unparalleled experience from senior roles in the judiciary, private practice and academia.

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, executive compensation practices, shareholder proposals, environmental, social and governance matters, and shareholder engagement and activism matters. She advises clients, including public companies, their boards of directors, and board committees on corporate governance and securities disclosure matters, with a focus on fiduciary duties, oversight of enterprise risks, director independence, and Securities and Exchange Commission reporting requirements.

© 2023 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

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.