In this webcast, Gibson Dunn attorneys discuss how the U.S. Department of Justice’s Consumer Protection Branch has quickly become a leading criminal and civil enforcer of health, safety, fraud, and privacy laws. Having recently secured more than $6 billion in monetary penalties across dozens of corporate resolutions, the Branch is now DOJ’s fastest-growing enforcement component. It also is the primary outside counsel for key consumer-protection agencies, including the FDA, FTC, CPSC, DEA, and DOT. Our discussion will feature the Branch’s recent Director and explore its current and expected enforcement trends. We also discuss the Branch’s unique relationships with agency partners, its resources and authorities, and new corporate compliance policies and expectations. The conversation is of particular interest to life-sciences, consumer-product, and online companies and executives.

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PANELISTS:

Patrick F. Stokes is a litigation partner in Gibson, Dunn & Crutcher’s Washington, D.C. office. 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. Mr. Stokes’ 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. Mr. Stokes regularly represents companies and individuals before DOJ and the SEC, in court proceedings, and in confidential internal investigations.

Nicola T. Hanna is a partner in the Los Angeles office of Gibson, Dunn & Crutcher and co-chair of the firm’s global White Collar Defense and Investigations Practice Group. Previously, Mr. Hanna served as United States Attorney for the Central District of California in Los Angeles, where he represented the United States in all criminal, civil, national security and tax matters within the district. Mr. Hanna’s practice focuses on representing corporations in high-stakes civil litigation, white collar crime, and regulatory and securities enforcement – including internal investigations, False Claims Act cases, special committee representations, compliance counseling and class actions.

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

Svetlana S. Gans is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher where she helps clients navigate complex consumer protection (advertising, marketing, privacy, and right to repair) and competition related regulatory proceedings before the U.S. Federal Trade Commission (FTC), U.S. Department of Justice Antitrust Division, and other enforcement bodies, and provides strategic advice on related public policy issues. She previously served with distinction as Chief of Staff to Acting Chairman Maureen K. Ohlhausen at the FTC. As the agency chief of staff, Ms. Gans managed and oversaw agency operations, including bureau and office heads reporting to the Chairman, a seven-member office staff, and an agency budget of over $300 million.

Mass arbitration is a growing phenomenon in which thousands of plaintiffs—often consumers, employees, or independent contractors—bring arbitration demands against a company at the same time. Pursuing arbitrations in this manner can impose significant, even crippling, costs on companies, particularly in light of the hefty filing fees that many arbitration providers charge. Many companies, however, have deployed successful strategies for deterring and defending against mass arbitrations, primarily through the careful drafting of their arbitration agreements. This webcast describes some of these strategies, as well as recent developments in the law affecting mass arbitrations and the ethical concerns surrounding this issue.

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PANELISTS:

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

Michael Holecek is a litigation partner in the Los Angeles office of Gibson, Dunn & Crutcher, where his practice focuses on complex commercial litigation, class actions, labor and employment law, and data privacy—both in the trial court and on appeal. Mr. Holecek has first-chair trial experience and has successfully tried to verdict both jury and bench trials, he has served as lead arbitration counsel, and he has presented oral argument in numerous appeals. Mr. Holecek has also authored articles on appellate procedure, civil discovery, corporate appraisal actions, data privacy, and bad-faith insurance litigation.

Jesenka Mrdjenovic is Of Counsel in Gibson, Dunn & Crutcher’s Washington, D.C. office, where she practices in the firm’s Litigation Department. Ms. Mrdjenovic represents clients in complex litigation and appellate matters, with a particular focus on class action defense. She has represented clients at the trial and appellate levels in matters involving constitutional, employment, intellectual property, consumer protection, and antitrust law. Ms. Mrdjenovic previously served as senior counsel for one of the nation’s largest mortgage lenders and Chief Litigation Officer to a holding company connecting more than 100 portfolio entities in a broad range of industries. In her role as an in-house attorney, Ms. Mrdjenovic managed complex litigation matters and advised senior management on a variety of legal, contract, and regulatory issues.

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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 General 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, Virginia, Texas and Washington State Bars.

In this webcast, Gibson Dunn attorneys provide an overview of the FCPA developments and emerging trends from 2022 and will discuss current and anticipated areas of focus for 2023. Intended to complement our Year-End FCPA Update, this webcast discusses in greater detail recent FCPA enforcement updates of note, including enforcement policy developments, DOJ’s use of monitorships, voluntary disclosures, declinations with disgorgement, and opinion letters within the past year. We also discuss DOJ’s increasing focus on compliance programs and what that means for companies in terms of law enforcement expectations and industry best practices.

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PANELISTS:

Patrick 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, 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.

John W.F. Chesley is a partner in the Washington, D.C. office. Mr. Chesley has served as the Interim Chief Ethics & Compliance Officer of a publicly-traded, multinational corporation, and his white collar defense work has been recognized repeatedly by Global Investigations Review, Law 360, National Law Journal, and other publications. 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 litigates government contracts disputes in federal courts and administrative tribunals.

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.

Bryan Parr is Of Counsel in the Washington, D.C. office and a member of the White Collar Defense and Investigations, Anti-Corruption & FCPA, and Litigation Practice Groups. Mr. Parr’s practice focuses on white-collar defense and regulatory compliance matters around the world. Mr. Parr has extensive expertise in government and corporate investigations, including those involving the Foreign Corrupt Practices Act (FCPA) and anticorruption. He has defended a range of companies and individuals in U.S. Department of Justice (DOJ), SEC, and CFTC enforcement actions, as well as in litigation in federal courts and in commercial arbitrations.

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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 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 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.

The regulations governing the activities of the Committee on Foreign Investment in the United States (CFIUS) and the German foreign direct investment review regime have both been evolving at an unprecedented pace in recent years as geopolitical events raise the level of risk stemming from foreign investments. While partly motivated by similar drivers, the U.S. and German approaches to foreign investment still differ significantly, adding a layer of regulatory complexity for multinational businesses navigating different regimes.

Hear from our experienced national security and CFIUS/FDI practitioners in the U.S. and Germany about the operation and impact of the CFIUS regime on the one hand and the German foreign direct investment review regime on the other and how they are examined in contrast to each other. We discuss:

1. The policy considerations shaping investment control laws in the U.S. and in Germany including its ties to the EU level;
2. The features of the German foreign direct investment review regime, its impact on multinational companies and its place within the EU’s broader regulatory ecosystem;
3. The features and recent developments of CFIUS;
4. How the German regime compares and contrasts CFIUS, and the practical implications resulting; and
5. Key developments to watch in this evolving geopolitical landscape.

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PANELISTS:

Stephenie Gosnell Handler is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where she advises clients on complex legal, regulatory, and compliance issues relating to international trade, cybersecurity, and technology matters. Ms. Handler has significant experience advising clients on CFIUS and national security matters, as well as advising clients on diverse global cybersecurity and technology matters.

Sonja Ruttmann is an associate in the Munich office of Gibson, Dunn & Crutcher, where she advises clients on complex national and international private and public M&A, on private equity transactions as well as on the formation of joint ventures. Ms. Ruttmann has significant experience in advising clients on German foreign direct investment control topics and dealing with competent authorities.

Ellen Harte is an Associate Director in the Berlin office of FGS Global. She is a public affairs and foreign policy expert and advises clients on FDI screening, geopolitical matters, multilateral and sustainability positioning, and public affairs. Before joining FGS Global, Ellen worked as a career diplomat in the German Federal Foreign Office with postings in Berlin and abroad. Most recently, she was an advisor on export controls in the Ministry’s department for economics and coordinated Germany’s participation in various export control regimes.

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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.

Join us for a 30-minute briefing covering several M&A practice topics. The program is the second 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. Robert Little, co-chair of the firm’s Global M&A Practice Group, acts as moderator:

Topics discussed:

• Joe Orien discusses how to prepare for and manage cross-border M&A transactions
• Kristen Poole and Marshall King discuss the attorney-client privilege issues that arise in M&A transactions
• Krista Hanvey and Jamie France discuss the state of the art in M&A-related covenants not to compete, as well as the implications of the FTC’s proposed rule governing restrictive covenants

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PANELISTS:

Krista P. Hanvey is a partner in Gibson, Dunn & Crutcher’s Dallas office. She is a 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 compliance, and retirement plan compliance, planning, and transactional support. She also routinely advises clients with respect to general corporate and non-profit governance matters.

Marshall R. King is a partner in Gibson Dunn & Crutcher’s New York office and is a member of the firm’s Class Actions and Securities Litigation Practice Groups. He has extensive experience in commercial and business litigation matters, with particular focus on securities litigation, bankruptcy litigation, and disputes arising out of acquisitions. He often represents buyers or sellers in disputes arising out of acquisitions and has advised companies in disputes concerning their rights under bond indentures.

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.

Joe Orien is a partner in Gibson, Dunn & Crutcher’s Dallas office. His practice focuses on complex business transactions, including mergers and acquisitions, joint ventures, growth and venture investments, minority investments, leveraged acquisitions, exits, complex strategic and commercial agreements, operating agreements and equity incentive structures, and advising on general corporate matters. He has represented a variety of public and private companies, investment funds and high-net-worth individuals and family offices in various industries, including financial services, marketing, infrastructure, retail and consumer products, energy, entertainment and technology, in transactions ranging in size from several millions to billions of dollars.

Kristen P. Poole is a partner in Gibson, Dunn & Crutcher’s New York office, where her practice focuses on mergers and acquisitions and private equity. Ms. Poole represents both public and private companies, as well as financial sponsors, in connection with mergers, acquisitions, divestitures, minority investments, restructurings, and other complex corporate transactions. She also advises clients with respect to general corporate governance matters and shareholder activism matters.

Jamie E. France is of counsel in Gibson, Dunn & Crutcher’s Washington, D.C. office. She is a member of the firm’s Antitrust and Competition Practice Group. Ms. France represents clients in merger and non-merger investigations before the Federal Trade Commission and the U.S. Department of Justice as well as in complex private and government antitrust litigation. She also counsels clients on antitrust merger and conduct matters and has been involved in representing targets of antitrust-related grand jury investigations by the DOJ. Ms. France’s experience encompasses a broad range of industries, including healthcare, consumer goods, retail, gaming, pharmaceuticals, wood products, and chemicals.

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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.

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 0.5 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.

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 cover recent updates related to BSA/AML and sanctions rulemaking, legislation, and enforcement actions, and we discuss key areas of focus for enforcers, including digital assets, financial transactions involving Russia, proposed expansions of the BSA/AML regulatory regime, fintech partnerships, online marketplaces, ransomware, and emerging payment models. We also discuss compliance expectations and best practices, and what to expect for BSA/AML and sanctions in 2023 and beyond.

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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.

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.

M. Kendall Day is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he is co-chair of Gibson Dunn’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 Practice Group. His practice focuses on internal investigations, regulatory enforcement defense, white-collar criminal defense, and compliance counseling. He represents financial institutions; fintech, crypto-currency, and multi-national companies; and individuals in connection with criminal, regulatory, and civil enforcement actions involving anti-money laundering (AML)/Bank Secrecy Act (BSA), sanctions, FCPA and other anti-corruption, securities, tax, wire and mail fraud, unlicensed money transmitter, false claims act, and sensitive employee matters.

Adam M. Smith is a partner in the Washington, D.C., office of Gibson, Dunn & Crutcher. He is an experienced international lawyer with a focus 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 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.

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, securities, 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.

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.

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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 hour, of which 2.0 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 2.0 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.

In a time of highly volatile markets and rising interest rates, convertible notes can be an effective financing or refinancing tool. Gibson Dunn attorneys Stewart McDowell, Eric Scarazzo, Melissa Barshop and Jennifer Sabin provide a 60-minute briefing on some key considerations for issuers considering convertible notes as a financing option.

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In this webcast, Gibson Dunn professionals and the current and former Executive Directors of the Federal Permitting Improvement Steering Council discuss how the FAST-41 program can help major infrastructure projects cut through red tape and get shovels in the ground faster. For certain “covered projects,” FAST-41 requires all of the major agencies involved in the permitting process to coordinate their reviews, stick to a timeline, and be accountable for delays. It also reduces the NEPA statute of limitations to two years, down from six, for covered projects. We discuss the recent successes of FAST-41 and how more projects can take advantage of the program’s benefits. We also review recent legislative efforts to improve the federal permitting process and discuss opportunities for permitting process improvements in the 118th Congress.

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PANELISTS:

Join our panelists from Gibson Dunn’s Environmental Litigation and Mass Tort practice group and Environment, Social, and Governance (ESG) practice area as they discuss significant developments in federal and California environmental law and forecast what to expect for 2023. This webcast covers a range of topics of significant interest to regulated industries, including ongoing and anticipated rulemakings, federal enforcement targets and initiatives, recent developments with Supplemental Environment Projects, the evolving ESG landscape, the latest environmental mass tort developments, and more.

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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. Mr. Fotouhi joined the firm after nearly four years at the U.S. Environmental Protection Agency (EPA), where he served as Acting General Counsel, Principal Deputy General Counsel, and Deputy General Counsel. National Law Journal recognized Mr. Fotouhi as a “Trailblazer” in environmental and energy law, and Law360 named Mr. Fotouhi a “Rising Star” in environmental law for his work “on game-changing regulations and litigation.”

Abbey Hudson is a partner in Gibson Dunn’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. Ms. Hudson has handled all aspects of environmental and mass tort litigation and regulatory compliance. 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.

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 Practice Group. Ms. Levick has represented clients in a wide range of federal and state litigation, agency enforcement actions, cost recovery cases, and administrative rulemaking challenges. She was named by Best Lawyers as “One to Watch” in Environmental Litigation for 2022 and 2023.

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. Mr. Murphy 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. Mr. Murphy was previously recognized by Law360 as one of its ‘Rising Star’ environmental attorneys under 40 to watch. Law360 named Gibson Dunn one of its five Environmental Groups of the Year for its high-profile victories in 2018.

Deena Klaber is of counsel in the San Francisco office of Gibson, Dunn & Crutcher. She practices in the firm’s Litigation Department, where she focuses on environmental and mass tort litigation, complex civil/business litigation, and administrative and regulatory law. She represents clients across numerous industries and has significant experience in the energy and health care sectors. Ms. Klaber is a member of the firm’s Ethics Committee, and she served on the firm’s Hiring Committee from 2015 to 2022. Ms. Klaber has litigated a broad range of matters in state and federal courts throughout California and across the country.

Joseph Edmonds is an associate in the Orange County office of Gibson, Dunn & Crutcher where he is a member of the firm’s Litigation Practice Group. Mr. Edmonds’ practice focuses on complex litigation at both the trial and appellate levels, with a special emphasis on mass torts, environmental litigation, product liability, and transnational litigation.

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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, Virginia, Texas and Washington State Bars.

The Fifth Circuit recently has been at the forefront of dramatic changes to administrative law. In the last year alone, the court has issued landmark rulings holding that SEC administrative proceedings require a jury, that the funding structure of the CFPB is unconstitutional, and that a federal law regulating horseracing violates the private nondelegation doctrine. And the court issued other significant decisions affecting the business community in the areas of arbitration, bankruptcy, class action, and constitutional law. Three Gibson Dunn partners—a former Fifth Circuit judge; a co-chair of the firm’s administrative and regulatory practice; and a Texas appellate partner who clerked on the Fifth Circuit—discuss these developments, their impact on industry, and what this means for clients’ future litigation strategy.

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PANELISTS:

Gregg Costa is a partner in the Houston office of Gibson, Dunn & Crutcher and co-chair of the firm’s Global Trial Practice Group. Mr. Costa previously served on the U.S. Court of Appeals for the Fifth Circuit from 2014 to 2022, following his nomination by President Obama and confirmation by the U.S. Senate with a vote of 97-0. His broad experience—having handled complex civil and criminal matters, at trial and on appeal, as advocate and judge—allows him to offer invaluable skills and strategic insights.

Helgi Walker is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office. She is Co-Chair of the firm’s global Litigation Practice Group and a member of the firm’s Executive Committee. She is also Co-Chair of the Administrative Law and Regulatory Practice Group and a member of the Appellate and Constitutional Law Group. Ms. Walker’s work focuses on appellate, regulatory and complex litigation matters. She has extensive experience in appellate challenges to agency rulemakings and in other high-stakes commercial litigation.

Brad Hubbard is a partner in the Dallas office of Gibson, Dunn & Crutcher. He is a member of the firm’s Appellate and Constitutional Law Practice Group. He has represented clients in their most complex, high-stakes, time-sensitive matters before the U.S. Supreme Court, the Texas Supreme Court, and state and federal courts of appeals throughout the country. Mr. Hubbard has also helped clients preserve significant wins in the U.S. Supreme Court, the Texas Supreme Court, and the Fifth, Sixth, and Seventh Circuits.

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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.

SEC Update

Recently adopted and proposed rules and comment letter trends.

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PANELISTS:

Mike Titera is a partner in the Orange County office of Gibson, Dunn & Crutcher 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.

Stephen W. Fackler is a partner in the Firm’s Palo Alto and New York offices and Co-Chair of Gibson Dunn’s Executive Compensation and Employee Benefits Practice Group. Mr. Fackler has extensive experience nationwide advising public and private companies, private equity funds and boards of directors on compensation and benefits matters. He also regularly advises senior executives on their employment and severance arrangements, and directors in connection with compensation and indemnification arrangements. Mr. Fackler serves as Chair of the Certification Council for the Certified Equity Professional Institute, the leading certification program in the United States for stock plan professionals. He also serves as outside counsel for the Global Equity Organization, the leading international trade association for stock plan professionals.

Daniela L. Stolman is a partner in Gibson Dunn’s Century City office and a member of the firm’s Private Equity, Mergers and Acquisitions, Capital Markets and Securities Regulation and Corporate Governance practice groups. She advises companies and private equity firms across a wide range of industries, focusing on public and private merger transactions, stock and asset sales, and public and private capital-raising transactions. Ms. Stolman also advises public companies with respect to securities regulation and corporate governance matters, including periodic reporting and disclosure matters, Section 16, Rule 144, and insider trading. Ms. Stolman has been named as a “Rising Star” by Southern California Super Lawyers since 2014. The Deal also named her as a “Rising Star,” which recognizes new M&A partners who are ‘deemed by The Deal to be one of the most promising of 2019.’ She was named a 2019 “Rising Star” by Law360 for private equity. The list recognizes “attorneys under 40 whose legal accomplishments transcend their age.”

Victor Twu is an associate in the Orange County office of Gibson, Dunn & Crutcher, where he currently practices in the firm’s Corporate Department. His practice is focused on securities regulation and corporate governance (including matters relating to ESG and sustainability, investor engagement, shareholder activism) and other general corporate matters. Mr. Twu has assisted clients of all sizes, ranging from pre-IPO companies to large-cap companies with global operations. His clients operate in a variety of sectors, including retail, technology, and life sciences. Mr. Twu earned his J.D. from the University of California, Berkeley, School of Law in 2016, where he served as a member of the Asian American Law Journal and the Berkeley Journal of Entertainment & Sports Law.

Florentino Salazar is an associate in the Los Angeles office of Gibson, Dunn & Crutcher. He is a member of the firm’s Corporate Department and a member of the firm’s Executive Compensation and Employee Benefits Practice Group. His practice focuses on all aspects of executive compensation and employee benefits. Mr. Salazar’s practice encompasses tax, ERISA, accounting, corporate, and securities law aspects of equity and other incentive compensation plans and executive employment and severance arrangements. Prior to joining Gibson, Dunn & Crutcher, Mr. Salazar was a corporate associate in the Executive Compensation Group at Davis Polk & Wardwell in New York. Mr. Salazar received his law degree from Columbia Law School in 2013 where he was a Harlan Fiske Stone Scholar and served as Executive Editor of the Columbia Human Rights Law Review. He earned a Master of Arts in Special Education from Loyola Marymount University in 2010 and a Bachelor of Arts from Yale University in 2008.

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Attorney-Client Privilege for in House Counsel: Ethical and Practical Considerations

Attorney-Client Privilege for in House Counsel: Ethical and Practical Considerations will address the intersection of attorney ethics and the attorney-client privilege and work product doctrines, with particular focus on how they apply to the day-to-day work of in-house counsel, including advising internal business partners, conducting internal investigations, and working with auditors and outside consultants.

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PANELISTS:

Diana M. Feinstein is a partner in the Los Angeles office of Gibson, Dunn & Crutcher. She is a member of the firm’s Securities Litigation and White Collar Defense and Investigations Practice Groups. Ms. Feinstein’s practice focuses on complex litigation, including securities litigation and high-value commercial litigation. She also focuses on white collar defense and investigations. She has handled matters across a variety of industries, including financial services, technology, entertainment, insurance, healthcare, transportation, real estate, manufacturing, and consumer products. Ms. Feinstein has represented clients in state and federal courts and before arbitration panels in a variety of matters across the United States in cases involving breach of contract, shareholder disputes, breach of fiduciary duty claims, fraud claims, securities law violations, employment disputes and other matters. She is highly experienced in business cases involving large teams of lawyers, often litigating in multiple fora, and frequently with the added complication of government investigations or enforcement actions.

Joseph R. Rose is a partner elect in the San Francisco office of Gibson, Dunn & Crutcher. He is a member of Gibson Dunn’s Litigation, Labor and Employment, Class Actions, Antitrust and Competition, and Law Firm Defense Practice Groups. Mr. Rose’s practice focuses on complex commercial litigation, high-stakes employment disputes, class actions, antitrust matters, and law firm defense. He has experience at all stages of litigation, including obtaining key victories at trial and winning pivotal motions to dismiss and to defeat class certification. Mr. Rose also regularly guides clients through internal investigations, and has achieved favorable resolution of state and federal government and regulatory inquiries on behalf of technology companies, financial institutions, healthcare organizations, and manufacturers.

Casey J. McCracken is a partner elect in the Orange County office of Gibson, Dunn & Crutcher LLP and a member of the Litigation and Intellectual Property practice groups. His practice focuses on complex commercial litigation, with a focus on technology litigation, including patent litigation, software copyright, contract disputes, and licensing. Casey has successfully represented clients in numerous high-stakes intellectual property cases and several trials, including “bet the company” cases and cases alleging damages over $1 billion. His work spans a variety of technologies, including cellular network technology, software, digital devices, smartphones, medical devices, and mechanical apparatuses. Casey also has substantial experience litigating business contract and tort claims that often accompany patent and copyright infringement suits, including breach of contract, false advertising, unfair competition, and interference. Additionally, he has also represented technology companies and their directors in class actions, including, data privacy, employment discrimination and breach of fiduciary duty cases.

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Navigating Through Changing Business / Economic Cycles

Members of Gibson Dunn’s Business Restructuring and Reorganization Group will address legal and ethical issues that are triggered when companies are in financial distress.  This includes an in-depth discussion of specific issues with respect to fiduciary duties that directors and shareholders should consider when a company is facing financial trouble or insolvency.  In addition, the presentation will analyze how contractual relationships with companies in distress may be impacted by actual or threatened bankruptcy proceedings, and how companies can best protect themselves in the event a key customer or other relationship party files for chapter 11.

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PANELISTS:

Robert A. Klyman is a partner in the Los Angeles office of Gibson, Dunn & Crutcher and Co-Chair of Gibson Dunn’s Business Restructuring and Reorganization Practice Group. In his international practice, Mr. Klyman represents companies, lenders, ad hoc groups of secured and unsecured creditors, acquirers and boards of directors in all phases of restructurings and workouts. His experience includes representing lenders and bondholders in complex workouts; advising debtors in connection with traditional, prepackaged and ‘pre-negotiated’ bankruptcies; counseling strategic and financial players who acquire debt or provide financing as a path to take control of companies in bankruptcy; structuring and implementing numerous asset sales through Section 363 of the Bankruptcy Code; and litigating complex bankruptcy and commercial matters arising in chapter 11 cases, both at trial and on appeal.

Michael Neumeister is a partner in the Los Angeles office of Gibson, Dunn & Crutcher. He is a member of the Business Restructuring & Reorganization Group and the Corporate Department. Mr. Neumeister has a wide array of experience in representing clients in bankruptcy and restructuring matters in many different industries. His representations have included representing debtors and lenders in in-court and out-of-court restructurings, and buyers in large and small bankruptcy sales. Mr. Neumeister also has a broad range of experience litigating bankruptcy and other distressed debt issues in bankruptcy court, state court, and in courts of appeal. Mr. Neumeister is currently a member of the Financial Lawyers Conference, the American Bankruptcy Institute, Turnaround Management Association, and the Los Angeles County Bar Association.

Matthew G. Bouslog is of counsel in the Orange County office of Gibson, Dunn & Crutcher where he practices in the firm’s Business Restructuring and Reorganization Practice Group. Mr. Bouslog specializes in representing companies in complex restructuring matters. Mr. Bouslog has been recognized since 2021 in Best Lawyers: Ones to Watch for his work in (i) Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, (ii) Mergers and Acquisitions Law, and (iii) Real Estate Law. Mr. Bouslog frequently represents debtors, creditors, and other interested parties in out-of-court and in-court restructurings, distressed acquisitions, and bankruptcy-related litigation. A significant number of Mr. Bouslog’s matters have involved cross-border issues. In addition to Mr. Bouslog’s restructuring expertise, he has represented lenders and borrowers in real estate and other finance transactions.

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Post-Pandemic Wellness: Attorney Mental Health 101

The Attorney Mental Health 101 course is designed to help legal professionals recognize signs and symptoms of mental health distress and use resources to provide appropriate and confidential support. Participants will be provided with action plans for various mental health distresses to include, depression, anxiety, panic attack, co-morbidity of mental disorders and much more. Additional skills will be taught including empathetic communication/listening skills and appropriate methods for self-care following the application of Mental Health First Aid.

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PANELISTS:

Tiaunia N. Henry is a partner in Gibson, Dunn & Crutcher’s Los Angeles office where she is a member of the firm’s Litigation Department with a diverse practice that focuses primarily on complex business litigation, including antitrust, breach of contract and transnational cases. As an experienced litigator and trial attorney, she has represented clients in various industries including the oil and gas, medical device, media and entertainment, semiconductor, paper manufacturing and information technology consulting industries. Ms. Henry has extensive experience representing multinational corporations, both foreign and domestic, in disputes that involve litigation pending in multiple jurisdictions, including the development of legal strategies to avoid inconsistent rulings, preclusion of claims, and/or waiver of defenses in subsequent litigation.

Melanie Gertz is an associate in the San Francisco office of Gibson, Dunn & Crutcher. She currently practices in the firm’s Corporate Department. Ms. Gertz’s practice is focused on capital markets transactions and mergers & acquisitions, and includes representation of clients in connection with corporate governance and Exchange Act reporting matters​.

James Keshavarz is the Chief Wellness Officer for Gibson Dunn, and is a Doctor of Psychology candidate, has his MBA in Health Care Management and a MS in Exercise Science and Health Promotion. James is also an appointed American Bar Association Commission on Lawyers Assistant Programs Committee member and the Chair of the Institute for Well-Being in Law Awards Committee. As a student of psychology, James specializes in intrinsic motivation, transformational leadership, and emotional intelligence.Prior to working for Gibson Dunn James was a practicing Exercise Physiologist specializing in injury prevention and performance enhancement. James was also an adjunct instructor of Kinesiology and Health Sciences at Glendale Community College and was awarded the Distinguished Professor Award in 2019.

Serving in the United States Air Force Reserves, James was awarded the Airman of the Year award in 2018 for the work he did to improve resiliency for the 452nd Air Mobility Wing. He was also awarded the Air Force Humanitarian Medal in 2022 for the work he did in response to the COVID-19 pandemic.

Working with Global Wellness Manager Melissa de Carvalho, James has a passion for improving work-life synergy for the legal professionals at Gibson Dunn by implementing benefits and programs that improve mental health and overall well-being.

Qualifications:

• Mental Health First Aid Instructor – National Council For Mental Well-being
• Master Resilience Trainer – United States Air Force
• Injury Prevention & Performance Enhancement Specialist – National Academy of Sports Medicine
• Basic Life Support Instructor – American Heart Association

Education:

• AS – Healthcare Management – College of the Air Force
• BA – History (Pre-Law) – California State University of Los Angeles
• MS – Exercise Science and Health Promotion – PennWest California
• MBA – Healthcare Management – California Coast University
• PsyD – Psychology – University of Arizona (In Progress)

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Privacy in 2023: Compliance and Product Counseling in the New Year

We will discuss effective product counseling, particular with respect to privacy considerations.  We will first discuss what is privacy compliance and product counseling, how to provide advice, and what to consider.  Next, we will dive into the specifics of privacy compliance and product counseling issues for the new year, as multiple new laws come into effect, and litigation waves force new areas of focus.  Finally, we will discuss pointers on key issues keeping counsel up at night, including trends on addressing some of the thornier areas of compliance and product development.

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PANELISTS:

Cassandra Gaedt-Sheckter is a partner in the Palo Alto office of Gibson, Dunn & Crutcher. She practices in the firm’s Privacy, Cybersecurity and Data Innovation group, with a focus on data privacy, cybersecurity and data regulatory litigation, enforcement, transactional, and counseling representations. Ms. Gaedt-Sheckter has substantial experience advising companies on privacy and cybersecurity issues, including relating to legal and regulatory compliance with the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), Children’s Online Privacy Protection Rules (COPPA), and other federal, state, and international laws and regulations. She also has extensive experience counseling on data breach response management and notification concerns, and privacy and cybersecurity compliance risk assessments. Ms. Gaedt-Sheckter further represents clients across industries—including consumer product, software, manufacturing, home appliance service, and healthcare companies—in the context of product and program development, merger and acquisition privacy and cybersecurity due diligence, and pre-litigation negotiation. She has significant experience in all aspects of litigation—particularly relating to privacy, cybersecurity, and patent claims—serving as lead associate on expert and fact discovery and pre-trial hearings and briefing, and participating in multiple bench and jury trials.

Vivek Mohan is a partner in Gibson Dunn’s Palo Alto office, where he is Co-Chair of the Artificial Intelligence and Automated Systems practice and a member of the Privacy, Cybersecurity and Data Innovation practice. Vivek advises clients on legal, regulatory, compliance, and policy issues on a global scale with a focus on cutting-edge technology issues. His practice spans regulatory response, counseling, advocacy, and transactional matters allowing him to provide clients with strategic advice whether they are responding to a regulatory inquiry, setting up a privacy program, responding to a data breach, or selling the company. During his time at Apple, Vivek managed a team of lawyers responsible for privacy counseling for all software, biometric, augmented reality (AR), artificial intelligence/machine learning (AI/ML), and search products, and served as lead counsel for information security.

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AAPI Attacks and Moving Beyond

This course will provide a general overview of discrimination and prejudice against Asian American and Pacific Islander (AAPI) communities is not a new phenomenon.  Yet the COVID-19 pandemic has brought with it a resurgence in anti-AAPI harassment and hate crimes, and, too, broader attention to a longstanding problem and an updated call to action.  This presentation will first outline the magnitude of the problem, both the historical background of racism against AAPI communities and the more recent wave of anti-Asian hate crimes that began in early 2020 and has continued through 2022.  We will then examine the various implicit biases that may cause, perpetuate, or fail to combat continued anti-AAPI violence, discuss the Firm’s efforts, in particular the founding of the Alliance of Asian American Justice and the work by Firm attorneys done in coordination with the Alliance, and will conclude by outlining possible paths forward as we continue to combat anti-AAPI hate.

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PANELISTS:

Debra Wong Yang is a partner in Gibson, Dunn & Crutcher’s Los Angeles office. Reflective of her broad practice and comprehensive abilities, Ms. Yang is Chair of the Crisis Management Practice Group, former Chair of the White Collar Defense and Investigations Practice Group, which includes the FCPA Practice Group, and former Chair of the Information Technology and Data Privacy Practice Group. She is also a member of the firm’s Executive Committee. Drawing on her depth of experience and record of success, Ms. Yang focuses part of her practice on strategic counseling. She leads critical representations, both high profile and highly confidential, involving a wide variety of industries, economic sectors, regulatory bodies, law enforcement agencies, global jurisdictions and all types of proceedings. Her clients are in the private and public sectors. She guides teams of attorneys and outside consultants in the development and implementation of strategies to achieve the most favorable outcomes, greatest protection of reputational interests, and minimizing of harm to the business assets. Ms. Yang has a strong background in addressing andresolving problems across the white collar litigation spectrum, including through corporate and individual representations, internal investigations, crisis management and compliance.

Robert K. Hur is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, and Co-Chair of the Firm’s Crisis Management Practice Group. A seasoned trial lawyer and advocate, he brings decades of experience in government and in private practice, including service in senior leadership positions with the U.S. Department of Justice, to guide companies and individuals facing white-collar criminal matters, regulatory proceedings and enforcement actions, internal investigations, and related civil litigation. He is also a member of the firm’s White Collar Defense and Investigations Practice Group and the National Security Practice Group. Prior to joining Gibson Dunn, Mr. Hur served as the 48th United States Attorney for the District of Maryland. Presidentially appointed and unanimously confirmed by the United States Senate, he served from 2018 to 2021 as the chief federal law enforcement officer in Maryland, setting strategic priorities for and supervising one of the largest and busiest U.S. Attorney’s Offices in the nation. During his tenure as United States Attorney, the Office handled numerous high-profile matters including those involving national security, cybercrime, public corruption, and financial fraud. In pursuit of sophisticated and impactful cases, Mr. Hur partnered closely with other enforcement agencies including the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Department of Health and Human Services Office of Inspector General, and the Maryland Attorney General’s Office. He also hired dozens of attorneys from diverse backgrounds to bring the Office to its maximum staffing level and as a member of the Attorney General’s Advisory Committee, counseled the Attorney General on matters of policy, procedure, and management.

Poonam Kumar is of counsel in the Los Angeles office of Gibson, Dunn & Crutcher and a member of its White Collar Defense & Investigations and Litigation practice groups. She is a former federal prosecutor with significant first-chair trial experience and an extensive background in handling high-stakes criminal and civil matters across a broad range of practice areas. From 2014 to 2022, Poonam served as an Assistant United States Attorney in the United States Attorney’s Office for the Central District of California where she investigated and prosecuted complex financial crimes, including corporate and securities fraud, embezzlement, healthcare fraud, bank fraud, import/export crimes, tax crimes, and money laundering. Poonam was a Deputy Chief of the Major Frauds section where she supervised a large team of federal fraud prosecutors. Representative matters from her time at the U.S. Attorney’s Office include the investigation and prosecution of a multinational scheme to inflate revenue of a company publicly traded on a foreign exchange and to evade nearly $2 billion in import duties as well as the conviction at trial of a South Korean official for laundering bribes he received in connection with his government position. For her work with the Department of Justice, Poonam received the United States Attorney General’s John Marshall Award for Outstanding Achievement in 2020.

Cynthia Chen McTernan is an associate in the Los Angeles office of Gibson, Dunn & Crutcher. She is a member of the Firm’s Litigation, Class Actions, and Labor & Employment Practice Groups. Ms. McTernan has represented clients in a wide range of complex litigation and has significant experience in all phases of litigation in both state and federal courts. Ms. McTernan was recognized inThe Best Lawyers in America® 2022 and 2023 “Ones to Watch” in Commercial Litigation. Ms. McTernan serves on the Board of Directors for Cancer Support Community Los Angeles, which provides comprehensive care and support to those impacted by cancer, with a focus on under-resourced communities.

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Supreme Court Roundup

This presentation will review statistics and trends from the October 2021 term and preview key cases in the October 2022 term in the fields of intellectual property, constitutional law, voting rights, administrative law, and employment law.

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PANELISTS:

Blaine H. Evanson’s practice focuses on complex commercial litigation both in the trial court and on appeal. He is a member of the firm’s Appellate and Constitutional Law, Class Actions, Labor and Employment, and Intellectual Property practice groups. Mr. Evanson has represented clients in a wide variety of appellate matters in the Supreme Court of the United States and federal and state appellate courts around the country. He has briefed several dozen appeals across almost every federal court of appeals and many state appellate courts, and has argued several appeals in the Ninth Circuit and California’s Courts of Appeal. In the trial court, Mr. Evanson has broad commercial litigation experience, particularly with complex motion practice before, during, and after trial.

Lauren Blas is a partner in the Los Angeles office of Gibson, Dunn & Crutcher where her practice focuses on class actions, labor and employment litigation, and complex commercial litigation in the trial courts and on appeal. In 2021, Ms. Blas was recognized as a “Rising Star” by Law360, which recognizes top litigators and dealmakers practicing at a level usually seen from veteran attorneys. She was also recognized by The Best Lawyers in America® 2021 “Ones to Watch” in Labor and Employment and has been named a “Rising Star” in Class Actions/Mass Torts and Appellate Litigation in Southern California by Super Lawyers Magazine for multiple years. Ms. Blas represents clients in class actions in state and federal court and has litigated a wide range of appellate matters as well. She has special expertise in California employment class actions and class actions under California’s consumer protection statutes, including the Unfair Competition Law, the False Advertising Law, and the Consumers Legal Remedies Act.

Elizabeth A. Dooley is a senior associate in the San Francisco office of Gibson, Dunn & Crutcher LLP. Her practice primarily focuses on appellate and employment matters. She is a member of the Firm’s Hiring Committee. Ms. Dooley’s appellate experience includes arguing before the Ninth Circuit Court of Appeals and authoring briefs filed in the United States Supreme Court as well as state and federal appellate courts. Having spent law school and the entirety of her legal career in California, Ms. Dooley has particularly robust experience before the Ninth Circuit and the California Courts of Appeal. From 2013-2014, Ms. Dooley clerked for the Honorable Kim McLane Wardlaw of the Ninth Circuit Court of Appeals and from 2015-2016, Ms. Dooley clerked for Ninth Circuit Judge, Hon. Michele T. Friedland. Ms. Dooley’s labor & employment experience includes extensive motions practice at the trial court level and appellate work in both state and federal courts—including taking matters directly from a successful dispositive motion through defense on appeal. Ms. Dooley’s experience also includes litigating large, complex putative class actions and collective actions in federal courts, including in cases involving alleged discrimination and alleged independent contractor misclassification.

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ESG Opportunities & Pitfalls

ESG (Environmental, Social, Governance) is becoming an increasingly important area as consumers and investors are demanding that companies take actions to invest in new ESG technology and initiatives.  This presentation will cover drivers for why ESG matters for public companies, how companies should draft disclosures around ESG, and some areas currently seeing increased litigation around ESG topics and tips to try to minimize litigation risk.

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PANELISTS:

Perlette Jura is a partner in Gibson Dunn’s Los Angeles and Washington, D.C. offices. Her practice focuses on complex trial and appellate litigation. She co-chairs the firm’s Transnational Litigation Group and its Environmental Social Governance practice. She has played a key role in a number of the firm’s most high-profile transnational, environmental and technology-driven matters. Ms. Jura has extensive experience working with the food and beverage, agricultural, aerospace, automotive, emerging technology and energy industries. In 2021, Lawdragon featured Ms. Jura on their “Global Litigation 500” list and in 2022-2023 named her as one of the “500 Leading Litigators in America”, which recognizes those who specialize in international arbitration, public international law and advise leading corporations. She was recognized by Benchmark Litigation as one of the “Top 250 Women in Litigation” in 2019, 2020, 2021, and 2022. Benchmark Litigation has also featured Ms. Jura as a California “Litigation Star” for 2023. The Los Angeles Business Journal named Ms. Jura to its list of “Most Influential Women Lawyers” in Los Angeles, featuring 50 of the most accomplished female attorneys working in the region. In 2020, BTI Consulting Group honored Ms. Jura a Client Service All-Star, an attorney “who stand[s] above all the others in delivering the absolute best in client service.”

Aaron Briggs is a partner in Gibson Dunn’s San Francisco office and a member of the firm’s Securities Regulation and Corporate Governance Practice Group. Mr. Briggs’ practice focuses on advising technology, life sciences and other companies and their boards of directors on a wide range of securities and governance matters, including ESG, corporate governance, SEC disclosure and compliance, shareholder activism, executive compensation, investor communications, disclosure effectiveness and stakeholder engagement matters. Prior to re-joining the firm in 2018, Mr. Briggs served as Executive Counsel – Corporate, Securities & Finance at General Electric.

Emily Riff is an associate in the Denver office of Gibson, Dunn & Crutcher, where she is a member of the firm’s Litigation Department, with a particular focus on class actions and complex civil litigation. Ms. Riff has substantial experience representing clients at the trial and appellate level. In the technology space, she has litigated high-profile matters for clients in a range of cutting-edge cases, including many involving Section 230 of the Communications Decency Act as well as other theories of liability under ever-changing state and federal law. Ms. Riff has also represented companies involving claims related to consumer protection, particularly in high-stakes and multi-jurisdictional class actions, and has developed comprehensive strategies to address novel theories of liability and to leverage the procedural complexities involved in these multi-jurisdictional matters. In addition to litigating these matters, she also provides counseling and advice to clients on a wide range of environmental, social, and governance issues.

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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 8.0 credit hours, of which 2.5 credit hours may be applied toward Ethics and Professionalism; 1.0 credit hour may be applied toward Diversity, Inclusion and Elimination of Bias; 1.0 credit hour may be applied toward Cybersecurity-General; and 3.5 credit hours may be applied toward the areas of Professional Practice. These courses are 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 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, 1.5 credit hours may be applied toward the Ethics requirement, and 4.5 credit hours may be applied toward the General requirement.

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

In this complementary webcast, Gibson Dunn covers what you need to know about the congressional investigations landscape in the 118th Congress, which is scheduled to convene on January 3, 2023. The Gibson team discuss the nuts and bolts of congressional investigations, including committee authorities and witness defenses and how disputes play out in practice. The team drills down on recent legal developments that impact committee authorities and strategic considerations. We also cover new leadership on key committees in the House and Senate and how that leadership will affect investigations in the coming two years. The team then discusses what investigations to expect from the most active investigative committees as well as what investigations have been launched already. Finally, the webcast provides practical guidance to help you prepare for and navigate challenging congressional inquiries.

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PANELISTS:

Machalagh Carr is General Counsel for the Office of the Republican Leader at the U.S. House of Representatives. Previously, she served as General Counsel & Parliamentarian for the U.S. House of Representatives Committee on Ways and Means, where she handled all legal and procedural issues for the Committee. Before that, she was the Oversight Staff Director at the Committee where she led the subcommittee in its investigations and oversight of all issues within the Committee’s jurisdiction. She also previously served as the Director of Oversight and Investigations for the U.S. House of Representatives Committee on Oversight and Government Reform and as Senior Oversight Counsel at the Committee on Natural Resources.

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).

Thomas G. Hungar is a partner in the Washington, D.C., office of Gibson, Dunn & Crutcher . His practice focuses on appellate litigation, and he assists clients with congressional investigations and complex trial court litigation matters as well. He has presented oral argument before the Supreme Court of the United States in 26 cases, including some of the Court’s most important patent, antitrust, securities, and environmental law decisions, and he has also appeared before numerous lower federal and state courts. Mr. Hungar served as General Counsel to the U.S. House of Representatives from 2016-2019, working closely with various House committees in their oversight and investigative activities and related litigation.

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. Mr. Jones’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.

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.

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.

As many countries continue to loosen COVID-19 related restrictions, lawmakers and regulators around the world face corruption challenges accompanying renewed economic activity and aggressive market expansion, while starting to address the unique bribery and corruption cases that arose during a near-global shutdown that was accompanied by record levels of government spending. 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.

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PANELISTS:

Kelly Austin leads Gibson, Dunn & Crutcher’s White Collar Defense and Investigations practice for Asia, is a global co-chair of the Firm’s Anti-Corruption & FCPA practice, and is a member of the Firm’s Executive Committee. Ms. Austin is ranked annually in the top-tier by Chambers Asia Pacific and Chambers Global in Corporate Investigations/Anti-Corruption: China. Her practice focuses on government investigations, regulatory compliance and international disputes. Ms. Austin has extensive expertise in government and corporate internal investigations, including those involving the FCPA and other anti-corruption laws, and anti-money laundering, securities, and trade control laws.

Joel M. Cohen is a partner in Gibson Dunn & Crutcher’s New York office and Co-Chair of the firm’s global White Collar Defense and Investigations Practice Group.  Mr. Cohen’s successful defense of clients has been noted in numerous feature articles in the American Lawyer and the National Law Journal, including for pretrial dismissal of criminal charges and trial victories.  He is highly-rated in Chambers and named by Global Investigations Review as a “Super Lawyer” in Criminal Litigation.  He has been lead or co-lead counsel in 24 civil and criminal trials in federal and state courts, and he is equally comfortable in leading confidential investigations, managing crises or advocating in court proceedings.  Mr. Cohen’s experience includes all aspects of FCPA/anticorruption issues, in addition to financial institution litigation and other international disputes and discovery.

Benno Schwarz is a partner in the Gibson, Dunn & Crutcher 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. Mr. Schwarz 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 2021 and The Legal 500 EMEA 2021 as one of four 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.” Mr. Schwarz 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.

Patrick Stokes is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office. 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. Mr. Stokes’ 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.  Mr. Stokes regularly represents companies and individuals before DOJ and the SEC, in court proceedings, and in confidential internal investigations.

Oliver Welch is a partner in the Hong Kong office, where he represents clients throughout the Asia Pacific region on a wide variety of compliance and anti-corruption issues and trade control laws. Mr. Welch regularly counsels multi-national corporations regarding their anti-corruption compliance programs and controls, and assists clients in drafting policies, procedures, and training materials designed to foster compliance with global anti-corruption laws. Mr. Welch frequently advises on anti-corruption due diligence in connection with corporate acquisitions, private equity investments, and other business transactions

Katharina Humphrey is a partner in Gibson, Dunn & Crutcher’s Munich office. She advises clients in Germany and throughout Europe on a wide range of compliance and white collar crime matters. Ms. Humphrey regularly represents multi-national corporations in connection with cross-border internal corporate investigations and government investigations. She also has many years of experience in advising clients with regard to the implementation and assessment of compliance management systems.

Ning Ning, an associate in the Hong Kong office, advises clients on government and internal investigations, compliance counseling, and compliance due diligence matters across the Asia-Pacific region. Ms. Ning is a native Mandarin speaker and has extensive experiences in China-related investigations and compliance matters.

Karthik Ashwin Thiagarajan, an of counsel in the Singapore office, assists clients with investigations in the financial services, information technology, electronics 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.

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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 hour, of which 2.0 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 2.0 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.

In this recorded webcast, Gibson Dunn provides an in-depth discussion of the latest trends and hot topics in internal investigations. The webcast covers recent developments around maintaining privilege during investigations – including a discussion of In re Grand Jury, which the Supreme Court has agreed to hear and that could reshape the law applicable to mixed business and legal, or “dual-purpose” communications – as well as best practices for conducting internal investigations via video-conference in a post-COVID world. We also dive deep into thorny questions of how to structure and conduct an investigation, including who at the company should be involved, how quickly investigations should be completed, what should and should not be shared with Executive Branch agencies, and when to provide separate counsel for employees. Finally, we also discuss the trends we are seeing from the government – including DOJ, SEC, FTC, Congress and state attorneys general – in terms of how they are conducting investigations and what they expect out of internal investigations.

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PANELISTS:

F. Joseph Warin is chair of the 250-person Litigation Department of Gibson, Dunn & Crutcher’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.

Michael Bopp is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He chairs the Congressional Investigations Subgroup 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.

Laura Jenkins Plack is a senior associate in the Denver office of Gibson, Dunn & Crutcher. Ms. Plack is a member of the firm’s Litigation Department, with an emphasis on white collar defense and investigations and complex commercial litigation. Ms. Plack represents companies and executives in federal and state court, and before the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the U.S. Federal Trade Commission, congressional committees, and various international authorities.

Reid Rector is a senior associate in the Denver office of Gibson, Dunn & Crutcher, where he is a member of the firm’s Litigation Department. His practice focuses on government investigations and litigation with DOJ, the FTC, and state attorneys general for companies in the health care and technology industries, including health care fraud and abuse investigations, data security and consumer protection investigations, and related complex civil litigation and class actions.

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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.

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, three of our most experienced attorneys in the field of challenging government action in New York—partners Mylan Denerstein 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 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.

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PANELISTS:

Mylan L. Denerstein is a litigation partner in the New York office of Gibson, Dunn & Crutcher. Ms. Denerstein is a 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. Ms. Denerstein leads complex litigation and internal investigations, representing companies confronting a wide range of legal issues, in their most critical times. Ms. Denerstein is known not only for her effective legal advocacy, but also for her ability to solve problems. In addition, Ms. Denerstein is Global Chair of the Firm’s Diversity Committee and Co-Partner-in-Charge of the New York office. Ms. Denerstein was previously a member of the Firm’s Executive Committee. In 2022, Ms. Denerstein was appointed to serve as the independent NYPD Monitor to oversee the court ordered reform process. Previously, Ms. Denerstein has served in a wide variety of 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.

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. Mr. Kremer 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. In 2019, he was instrumental in defending against Article 78 challenges seeking to halt construction of the New York Islanders’ arena project.

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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.

On October 20th, the Committee on Foreign Investment in the United States (CFIUS) released its first-ever guidelines to industry on enforcement and penalties for violations of the Committee’s regulations designed to detect and mitigate national security risks arising from foreign investment. The enforcement guidelines (i) clarify the types of conduct that constitute a violation, (ii) discuss the Committee’s procedure for imposing a penalty, and (iii) highlight aggravating and mitigating factors that will influence the Committee’s penalty calculation. While the guidelines do not accompany any apparent change to CFIUS’s statutory authority, they appear to be part of an effort to increase transparency of a committee long-viewed as secretive—and also may signal increased use by the Committee of its enforcement and penalty authorities.

The issuance of the Guidelines is therefore noteworthy in several respects:

• Their issuance is another in a series of signals from the U.S. government of its intense focus on protecting national security interests, inclusive of U.S. technological leadership;
• The Guidelines provide a more transparent, public roadmap for how violations will be assessed and processed; and
• The Guidelines establish a voluntary self-disclosure mechanism for violations that has parallels with other agencies, though stops short of offering specific incentives for such disclosures.

Hear from our experienced national security and CFIUS practitioners about the impact of the guidelines, what they may mean in future enforcement actions, and how they fit into the Biden Administration’s broader focus on using industrial and economic tools in the service of national security priorities.

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PANELISTS:

Stephenie Gosnell Handler is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where she advises clients on complex legal, regulatory, and compliance issues relating to international trade, cybersecurity, and technology matters. Ms. Handler has prior experience advising clients on diverse global cybersecurity and technology matters, including strategic legal issues, data localization, regulatory compliance, risk management, governance, preparedness, and data and export control and sanctions requirements.

David Burns is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Co-Chair of the firm’s National Security Practice Group. He is a former Principal Deputy Assistant Attorney General of the National Security Division of the Department of Justice. His practice focuses on white-collar criminal defense, internal investigations, national security, and regulatory enforcement matters. Mr. Burns represents corporations and executives in federal, state, and regulatory investigations involving securities and commodities fraud, sanctions and export controls, theft of trade secrets and economic espionage.

Samantha Sewall is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s International Trade Practice Group. Ms. Sewall advises clients on compliance with U.S. legal obligations at the intersection of global trade, foreign policy, and national security, focusing her practice on compliance with U.S. economic sanctions, export controls, national security reviews of foreign direct investment (CFIUS), and anti-boycott laws.

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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.

With the midterm elections behind us, we now know what the 118th Congress will look like and have a better sense of what the Legislative and Executive Branches will focus on over the next two years. Join us for a recorded presentation that provides an overview of the 118th Congress. We forecast what legislation could gain traction in the Senate and House and lay out what the Biden Administration priorities could look like with divided government.

Topics discussed:

• Review of Midterm Election Results
• Overall Landscape – 118th Congress
• Antitrust – Overview of Notable Legislation and Potential Action
• Energy – Discussion of Potential Legislative and Executive Efforts
• Environmental, Social, and Corporate Governance – Review of Likely Oversight Activity and Other Congressional Action
• Financial Services – Regulation Versus Deregulation Efforts
• Government Contracting – Potential Administration Action
• Healthcare – Likelihood of Executive and Legislative Actions
• Infrastructure – Overview of Administrative Implementation Efforts and Expected Oversight
• Labor – Expected Administrative Actions and the Likelihood of Legislative Wins
• National Security – Review of Executive Efforts and Potential Congressional Compromises
• Taxes – Short Term Versus Long Term Efforts
• Technology – Overview of Congressional Oversight and Legislation
• Trade – Review of Administrative Efforts

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PANELISTS:

Michael Bopp is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He chairs the Congressional Investigations Subgroup 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.

Roscoe Jones is a partner in Gibson, Dunn & Crutcher’s Washington, DC office, co-chair of the Firm’s Public Policy Group and a member of the Congressional Investigations practice group. Mr. Jones’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.

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.

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. Prior to rejoining the firm, she served as Director of Governmental Affairs for the Senate Homeland Security and Governmental Affairs, and General Counsel to Senator Rob Portman. She has represented clients undergoing investigations by several congressional committees, including the Senate Health, Education, Labor, and Pensions Committee.

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MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.5 credit hours, of which 1.5 credit hours 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 1.5 hours.

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.

With ongoing challenges of the COVID-19 pandemic, the Russia-Ukraine conflict and other global developments and trends, companies have been navigating a challenging 2022 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 2022 and how companies have reacted to the market impact of these developments. This webcast also discusses thoughts on 2023 capital raising and the key issues and opportunities that may impact companies considering capital raise transactions in the next year.

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PANELISTS:

Hillary H. Holmes is a partner in the Houston office of Gibson, Dunn & Crutcher, Co-Chair of the firm’s Capital Markets practice group, and a member of the firm’s Securities Regulation and Corporate Governance, Energy, M&A and ESG practice groups. Ms. Holmes’ practice focuses on capital markets, securities regulation, and corporate governance. She is Band 1 ranked by Chambers USA in capital markets for the energy industry and recognized in nationwide Energy Transactions and M&A/Corporate. Ms. Holmes represents issuers and underwriters in all forms of capital raising transactions, including IPOs, registered offerings of debt or equity, private placements, joint ventures, structured investments, and sustainable financings. Ms. Holmes also frequently advises companies, boards of directors, special committees and financial advisors in M&A transactions, and conflicts of interest and other special situations.

Tom Kim is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s Securities Regulation and Corporate Governance practice group. Mr. Kim focuses his practice on advising companies, underwriters and boards of directors on registered and exempt capital markets transactions, SEC regulatory and reporting issues, and corporate governance, as well as on general corporate and securities matters. Mr. Kim has been recognized by Chambers USA in the Securities Regulation: Advisory category since 2015. Mr. Kim served for six years as the Chief Counsel and Associate Director of the Division of Corporation Finance at the SEC.

Robyn E. Zolman is Partner-in-Charge of the Denver office of Gibson, Dunn & Crutcher, where she practices in the firm’s Capital Markets and Securities Regulation and Corporate Governance practice groups. Ms. Zolman represents clients in connection with a broad range of capital markets transactions. She advises clients with respect to SEC registered and Rule 144A offerings of investment grade, high-yield and convertible notes, as well as initial public offerings, follow-on equity offerings, at-the-market equity offering programs, PIPE offerings and issuances of preferred securities. In addition, she has extensive experience with tender offers, exchange offers, consent solicitations and corporate restructurings. Ms. Zolman also regularly advises clients regarding securities regulation and disclosure issues and corporate governance matters, including Securities and Exchange Commission reporting requirements, stock exchange listing standards, director independence, board practices and operations, and insider trading compliance.

Robert D. Giannattasio is of counsel 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.  Mr. Giannattasio 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.

Daniel Burton-Morgan is head of Americas Equity Capital Markets Syndicate at Bank of America Securities, having taken on the role in November 2020. Prior to this, he was Head of UK & Ireland Equity Capital Markets (August 2018 to November 2020) having previously been Head of the EMEA Equity Capital Markets Syndicate for over five years. In total Daniel has over 16 years of experience in UK Investment Banking and Global ECM, starting at Merrill Lynch in 2006. In his previous role Daniel worked on over 200 transactions including sell-downs in ABN, Renault, Lloyds Banking Group, Evonik, Engie, Nordea, ENEL and EADS, IPOs of Aena, Auto Trader, Worldpay, Moncler and Allied Irish Banks, and capital raises for E.On, Barclays, Standard Chartered and Unicredit. Daniel graduated from the University of Warwick with a First Class degree in Management in 2006.

Laurie Campbell joined the Global Capital Markets Division at Bank of America in 2005. She is head of the group responsible for coverage of investment grade companies in the Technology and General Industries sectors. Prior to joining Bank of America, Laurie was a Managing Director in Debt Capital Markets at Goldman Sachs from 1997 to 2003. From 1992 to 1997 Laurie was a Principal with Morgan Stanley in their Debt Capital Markets group. She also worked as an Associate in Corporate Finance at Salomon Brothers from 1989 to 1992. Laurie received an M.B.A. from the University of Western Ontario in 1989 and a Bachelor of Commerce from McGill University in 1983.

Reprinted by permission. Copyright © 2023 Bank of America Corporation (“BAC”). The information is provided “as is” and none of BAC or any of its affiliates warrants the accuracy or completeness of the information.

Join us for a recorded 60-minute briefing covering key developments in the executive compensation space. Mike Scanlon, Tino Salazar and Krista Hanvey outline recent legislative and regulatory developments and provide practical tips to help you prepare for proxy and incentive compensation grant season.

Topics to be discussed:

• The SEC’s new Pay versus Performance disclosure requirements
• The SEC’s new Clawback rule requirements and DOJ focus on such policies
• State law restrictive covenant trends and how they may affect your grant agreements
• ESG performance metrics in incentive compensation

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PANELISTS:

Krista P. 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.

Michael J. Scanlon is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the firm’s Securities Regulation and Corporate Governance, Securities Enforcement, and Corporate Transactions Practice Groups, and has an extensive practice representing U.S. and foreign public company and audit firm clients on regulatory, corporate governance, and enforcement matters. Mr. Scanlon advises corporate clients on SEC compliance and disclosure issues, the Sarbanes-Oxley Act of 2002, and corporate governance best practices, with a particular focus on financial reporting matters. He frequently represents both accounting firms and public company clients on SEC and PCAOB accounting and auditing matters, including financial statement materiality and restatement issues, internal control issues, auditor independence, and other accounting-related disclosure issues.

Tino Salazar is an associate in the Los Angeles office of Gibson, Dunn & Crutcher. He is a member of the firm’s Corporate Department and a member of the firm’s Executive Compensation and Employee Benefits Practice Group. His practice focuses on all aspects of executive compensation and employee benefits. Mr. Salazar’s practice encompasses tax, ERISA, accounting, corporate, and securities law aspects of equity and other incentive compensation plans and executive employment and severance arrangements.

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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.

This webcast covers key developments to be aware of as you prepare your 2023 proxy statement, including recent and upcoming SEC rulemaking and comment letters, proxy season trends and investor and proxy advisor updates.

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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 practice group. Mr. Briggs’ practice focuses on advising public companies of all sizes (from pre-IPO to mega-cap), with a focus on technology and life sciences companies, on a wide range of securities and governance matters. Before rejoining Gibson Dunn, Mr. Briggs served for five years as Executive Counsel – Corporate, Securities & Finance, 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 revamp of its full suite of investor communications (proxy statement, 10-K, earnings releases, and integrated report)—provides a unique insight and practical perspective on the issues that his clients face every day.

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

Geoffrey E. Walter is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s Securities Regulation and Corporate Governance Practice Group. Mr. Walter advises public companies and their boards of directors on a wide range of corporate law matters, including securities and corporate governance practices and disclosure issues, compliance with SEC regulations and executive compensation disclosure issues, shareholder engagement and activism matters, insider trading and other company policies, and shareholder proposals and responses to SEC inquiries. Mr. Walter also has experience advising nonprofit organizations on issues related to corporate governance.

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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.