This course covers the rise of nationwide injunctions and their effect on public perception of the judicial system. We discuss the differentiation between nationwide injunctions in private law cases and public law cases, and take a deeper look into the arguments both for and against nationwide injunctions. Finally, we address the increase in appellate skepticism and proposals for reform.

Topics discussed:

  • The rise of nationwide injunctions
  • Nationwide injunctions in private law cases
  • Nationwide injunctions in public law cases
  • Arguments for and against nationwide injunctions
  • Increased appellate skepticism and proposals for reform


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.

Collin Cox is a partner in the Houston office of Gibson, Dunn & Crutcher, where he represents plaintiffs and defendants in high-stakes commercial cases. He has been a lead trial lawyer in computer software trade secrets cases, several actions related to the Bernard L. Madoff fraud, royalty disputes, patent litigation, and other business crisis situations. He continues to be one of the youngest trial lawyers in Texas to receive band ranking recognition in commercial litigation from Chambers USA.

Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he represents clients before federal and state courts on a broad range of matters and has also argued 24 cases before the United States Supreme Court. Mr. Estrada is the lead appellate counsel in two securities-fraud appeals from jury verdicts that are currently pending in the Second Circuit. From 2014-2022, Chambers & Partners has named him as one of a handful of attorneys that it ranked in the top tier among the nation’s leading appellate lawyers.


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 credit hour, of which 1 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 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.

Against the backdrop of increased geopolitical tensions and broader decoupling trends, the United States has implemented sweeping new export controls designed to make it extremely difficult for Chinese companies to develop cutting-edge technologies that might have military applications. The restrictions will make it increasingly difficult for Chinese companies to obtain or manufacture advanced semiconductors and integrated circuits, which are critical for the development of artificial intelligence. The new rules also bar U.S. individuals and companies from providing direct or indirect support for the development or production of such chips in China and will make it harder for Chinese companies to develop supercomputers with potential military applications.

Taken together, these new restrictions impose an effective embargo against China in these technology sectors. In imposing the restrictions, the U.S. government explained that it developed this sweeping set of new regulations to curtail China’s use of these items in the development of weapons of mass destruction, artificial intelligence and supercomputing-enhanced war fighting, and in technologies that enable violations of human rights.

These new changes have already proven to be disruptive. U.S. suppliers have already reportedly cut ties to Chinese chipmakers, and there are reports of “mass resignations” of U.S. employees in China’s semiconductor industry.

Hear from our experienced export controls attorneys in the U.S. and Hong Kong about these new restrictions and their potential impact. We discuss:

  • This development in the context of a series of efforts by both the U.S. and China to “decouple” in the technology sector
  • How these new restrictions are affecting Chinese companies as well as U.S. companies with operations in China
  • The potential impact on the broader semiconductor global supply chain
  • The outlook for enforcement and new restrictions


PANELISTS:

Fang Xue is a partner and Chief Representative in the Beijing office of Gibson, Dunn & Crutcher. Ms. Xue has represented Chinese and international corporations and private equity funds in cross-border acquisitions, private equity transactions, stock and asset transactions, joint ventures, going private transactions, tender offers and venture capital transactions, including many landmark deals among those. She also advises clients on corporate, compliance, export control and international trade related matters.

Judith Alison Lee is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Co-Chair of the firm’s International Trade Practice Group. Ms. Lee practices in the areas of international trade regulation, including USA Patriot Act compliance, Foreign Corrupt Practices Act, economic sanctions and embargoes and export controls. Ms. Lee also advises on issues relating to virtual and digital currencies, blockchain technologies and distributed cryptoledgers.

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 A. Wolber is a Registered Foreign Lawyer (New York) in Hong Kong and of counsel in the Hong Kong office of Gibson, Dunn & Crutcher. Mr. Wolber’s practice focuses on navigating complex legal, compliance, reputational, political and other risks arising out of various international trade, national security and financial crime laws and regulations. He advises clients on economic and trade sanctions, export controls, foreign direct investment controls/CFIUS, anti-money laundering and anti-bribery and anti-corruption laws and regulations.

Chris R. Mullen is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. Mr. Mullen’s practice focuses on international trade and investment. He has experience on a range of matters, including navigating export controls under the ITAR and EAR, global economic sanctions, anti-money laundering regulations, CFIUS review and FCPA compliance. He has also advised companies on international trade matters related to corporate mergers and acquisitions and compliance with anti-money laundering obligations at the state and federal levels.


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 credit hour, of which 1 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 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.

The Financial Stability Board’s (FSB) report to the G20 Finance Ministers and Central Bank Governors on regulatory and supervisory approaches to stablecoins and other crypto-assets was recently released. Please join us for this webcast hosted by our Global Financial Regulatory Practice Group. We discuss the latest legal and regulatory developments in digital assets markets, including:

  1. FSB’s recommendations, and what they mean for the global regulatory and supervisory direction of travel for stablecoin arrangements and crypto-asset markets
  2. Hong Kong and Singapore digital assets regulatory developments
  3. UK and EU digital assets regulatory developments, including the Markets in Crypto-Assets (MiCA) regulation
  4. US digital assets regulatory developments

We discuss how these regulatory and supervisory developments will impact on digital assets businesses operating in or providing services in these key jurisdictions, and share our views on how businesses can anticipate and prepare for the coming wave of regulatory and supervisory reforms that will impact on stablecoins and other crypto-assets. In addition, the team brings their predictions for the future of digital assets regulation, supervision and enforcement policy, based on their extensive experience in helping clients to navigate global regulations and to engage with key global regulators.



PANELISTS:

William Hallatt, a partner in our Hong Kong office and a Co-Chair of the firm’s Global Financial Regulatory Practice Group, is one of the Asia-Pacific region’s most prominent regulatory lawyers. He has close working relationships with key regulators, both at the local jurisdictional and international levels. He is heavily involved in regulatory reform initiatives and regularly leads discussions with the regulators on behalf of the financial services industry. This includes working closely with leading industry bodies, including ASIFMA and AIMA. Will has particular expertise in relation to the regulation of cryptocurrencies and other digital assets, and has advised the world’s leading cryptocurrency exchanges as well as regulated financial institutions on a range of key strategic matters in this space. This includes advising cryptocurrency exchanges on regulatory restructurings, high profile regulatory investigations and the handling of licence applications in multiple jurisdictions.

Hardeep Plahe, an English-qualified partner and cross-border transactional lawyer based in our London office, is a member of the firm’s Mergers and Acquisitions, Private Equity, Capital Markets, Global Financial Regulatory and Financial Institutions Practice Groups. He has a broad and deep knowledge of the Middle East business landscape having spent 16 years in the region. He has helped clients navigate their way through some of their most complex and important transactions and financial regulatory matters in the UK, Continental Europe and the Middle East. He has advised private equity clients, financial institutions, corporates, sovereign wealth funds and governments.

Michelle M Kirschner is a partner in the London office and Co-Chair of the firm’s Global Financial Regulatory Practice Group. Ms. Kirschner advises a broad range of financial institutions and fintech businesses on areas such as systems and controls, market abuse, conduct of business and regulatory change management, and she conducts internal investigations and reviews of corporate governance and systems and controls in the context of EU and UK regulatory requirements and expectations.

Jeffrey Steiner is a partner in the Washington D.C. office and Co-Chair of the firm’s Global Financial Regulatory Practice Group, Chair of the firm’s Derivatives Practice and co-lead of the Digital Currencies and Blockchain Technologies group. Mr. Steiner advises a range of clients on regulatory, legislative, enforcement and transactional matters related to OTC and listed derivatives, commodities and securities. He also advises clients, including exchanges, financial institutions and fintech firms, on matters related to digital assets and cryptocurrencies. Prior to joining the Firm, Mr. Steiner was a special counsel at the U.S. Commodity Futures Trading Commission (CFTC).

Grace Chong is Of Counsel in Gibson Dunn’s Singapore office and a member of the firm’s Global Financial Regulatory Group. She has been consistently named as one of Singapore’s top 10 FinTech lawyers and is highly ranked in Chambers FinTech 2022, with clients noting that she “is very savvy and shares her knowledge of the MAS and market trends.” Further, she is recommended in Financial Services Regulatory for Singapore by The Legal 500 2022 guide which notes that she “is one of the best crypto regulatory lawyers in Singapore.” Ms. Chong is an elected board member of the Singapore Association of Cryptocurrency Enterprises and Startups (ACCESS), is closely involved in regional regulatory reform initiatives and has led discussions with regulators on behalf of the financial services industry.


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 credit hour, of which 1 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 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 anticipation of the Financial Stability Board’s (FSB) report to the G20 Finance Ministers and Central Bank Governors in October on regulatory and supervisory approaches to stablecoins and other crypto-assets, please join us for this webcast hosted by our Global Financial Regulatory Practice Group. We discuss the latest legal and regulatory developments in digital assets markets, including:

  1. FSB’s recommendations, and what they mean for the global regulatory and supervisory direction of travel for stablecoin arrangements and crypto-asset markets
  2. Hong Kong and Singapore digital assets regulatory developments
  3. UK and EU digital assets regulatory developments, including the Markets in Crypto-Assets (MiCA) regulation
  4. US digital assets regulatory developments

We discuss how these regulatory and supervisory developments will impact on digital assets businesses operating in or providing services in these key jurisdictions, and share our views on how businesses can anticipate and prepare for the coming wave of regulatory and supervisory reforms that will impact on stablecoins and other crypto-assets. In addition, the team brings their predictions for the future of digital assets regulation, supervision and enforcement policy, based on their extensive experience in helping clients to navigate global regulations and to engage with key global regulators.



PANELISTS:

William Hallatt, a partner in our Hong Kong office and a Co-Chair of the firm’s Global Financial Regulatory Practice Group, is one of the Asia-Pacific region’s most prominent regulatory lawyers. He has close working relationships with key regulators, both at the local jurisdictional and international levels. He is heavily involved in regulatory reform initiatives and regularly leads discussions with the regulators on behalf of the financial services industry. This includes working closely with leading industry bodies, including ASIFMA and AIMA. Will has particular expertise in relation to the regulation of cryptocurrencies and other digital assets, and has advised the world’s leading cryptocurrency exchanges as well as regulated financial institutions on a range of key strategic matters in this space. This includes advising cryptocurrency exchanges on regulatory restructurings, high profile regulatory investigations and the handling of licence applications in multiple jurisdictions.

Michelle M Kirschner is a partner in the London office and Co-Chair of the firm’s Global Financial Regulatory Practice Group. Ms. Kirschner advises a broad range of financial institutions and fintech businesses on areas such as systems and controls, market abuse, conduct of business and regulatory change management, and she conducts internal investigations and reviews of corporate governance and systems and controls in the context of EU and UK regulatory requirements and expectations.

Jeffrey Steiner is a partner in the Washington D.C. office and Co-Chair of the firm’s Global Financial Regulatory Practice Group, Chair of the firm’s Derivatives Practice and co-lead of the Digital Currencies and Blockchain Technologies group. Mr. Steiner advises a range of clients on regulatory, legislative, enforcement and transactional matters related to OTC and listed derivatives, commodities and securities. He also advises clients, including exchanges, financial institutions and fintech firms, on matters related to digital assets and cryptocurrencies. Prior to joining the Firm, Mr. Steiner was a special counsel at the U.S. Commodity Futures Trading Commission (CFTC).

Grace Chong is Of Counsel in Gibson Dunn’s Singapore office and a member of the firm’s Global Financial Regulatory Group. She has been consistently named as one of Singapore’s top 10 FinTech lawyers and is highly ranked in Chambers FinTech 2022, with clients noting that she “is very savvy and shares her knowledge of the MAS and market trends.” Further, she is recommended in Financial Services Regulatory for Singapore by The Legal 500 2022 guide which notes that she “is one of the best crypto regulatory lawyers in Singapore.” Ms. Chong is an elected board member of the Singapore Association of Cryptocurrency Enterprises and Startups (ACCESS), is closely involved in regional regulatory reform initiatives and has led discussions with regulators on behalf of the financial services industry.


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 credit hour, of which 1 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 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

As the global economy gradually emerges from the COVID-19 pandemic, lawmakers and regulators in Asia continue to confront the aftermath of the pandemic and the challenges it presents to anti-corruption enforcement. In this webcast, we will explore the approaches taken by Asian countries to address the current environment and examine the current trends in FCPA and local anti-corruption enforcement, with a focus on Asia.

In China, while the government continues to crack down on bribery in the financial and the healthcare sectors, the anti-corruption campaign has expanded to encompass an increasingly broader swath of the national economy, such as the semiconductor industry and the insurance industry. The corporate criminal compliance regime in China has rapidly evolved in 2022, with additional national authorities joining the Third-Party Supervision and Evaluation Mechanism, which has been applied in over 1,000 cases since its launch in 2021. India has seen a number of high-profile corruption cases, including enforcement actions in the transportation and biotechnology sectors. And while Korea has seen a drastically increased focus on rooting out corruption in its public and private sectors, citizens wonder whether actual change is possible as high-profile officials and executives continue to receive pardons for past, headline-grabbing misconduct.

While domestic politics and legislative amendments have made it more difficult to commence and complete anti-corruption enforcement actions in certain markets, recent cases underscore the compliance risks of doing business of in many of Asia’s biggest markets. Join our team of experienced international anti-corruption attorneys to learn more about how to do business in China, India, Korea and other countries in Asia without running afoul of anti-corruption laws, including the Foreign Corrupt Practices Act (“FCPA”).

Topics discussed include:

• An overview of FCPA enforcement statistics and trends for 2022;
• The corruption landscape in Asia, including recent headlines and scandals;
• Lessons learned from local anti-corruption enforcement in China, India, Korea, and South East Asia;
• Key anti-corruption, data privacy and regulatory compliance changes across Asia; and
• Mitigation strategies for businesses operating in Asian markets.



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.

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.

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.

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 has represented clients before the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) involving potential violations of the U.S. Foreign Corrupt Practices Act (FCPA), securities laws, and other white collar defense matters. Ms. Ning regularly advises clients on internal investigations relating to allegations of corruption, fraud, and accounting irregularities. Ms. Ning also counsels clients on designing and continuously improving their anti-corruption and compliance programs, and on anti-corruption and compliance risk assessments.


MCLE CREDIT INFORMATION:

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

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact 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 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.

Human rights are a shared concern of international trade compliance professionals and those responsible for developing policies to implement the Social (“S”) element of company ESG programs, but the leads for each are not always in conversation. However, recent developments, especially with respect to international trade regulation, require both to be in the same room and to work together to integrate due diligence, monitoring, and reporting across business functions. In this CLE webinar, we review several areas of convergence in export control, sanctions, and import regulation and S-focused ESG standards, and share practical strategies International Trade and ESG professionals can follow to make the most of this convergence in their compliance and ESG programs.



PANELISTS:

Ronald Kirk is Senior Of Counsel in Gibson, Dunn & Crutcher’s Dallas and Washington, D.C. offices. He is Co-Chair of the International Trade Practice Group and a member of the Sports Law, Public Policy, Crisis Management and Private Equity Practice Groups. Ambassador Kirk focuses on providing strategic advice to companies with global interests. Prior to joining the firm in April 2013, Ambassador Kirk served as the 16th United States Trade Representative and was a member of President Obama’s Cabinet, serving as the President’s principal trade advisor, negotiator and spokesperson on trade issues. Ambassador Kirk draws upon more than 30 years of diverse legislative and economic experience on local, state and federal levels.

Christopher T. Timura is Of Counsel in Gibson Dunn’s Washington, D.C. office and a member of the firm’s International Trade and White Collar Defense and Investigations Practice Groups. Mr. Timura helps clients solve regulatory, legal and political problems that arise at the intersection of national security, trade, and foreign policy, and develop corporate social responsibility and environmental, social, and governance strategies, policies and procedures. His clients span economic sectors and range from start-ups to Global 500 companies.

Sean J. Brennan is an associate in Gibson Dunn & Crutcher’s Washington, D.C. office. He practices in the firm’s Litigation Department, with a focus on white collar criminal defense and investigations, international trade, and public policy. Mr. Brennan regularly advises clients on human rights due diligence and supply chain issues, including compliance with the Uyghur Forced Labor Prevention Act. He has also conducted internal investigations involving alleged violations of cybersecurity, national security, and anti-money laundering laws.

Eric Clark is Nokia’s lead counsel for trade compliance, including laws and regulations around export controls, international sanctions, and import/customs controls. In addition, he also now serves as counsel for Nokia’s human rights program and due diligence process. Eric has been working on trade and sanctions topics for more than 15 years in both government and the private sector.


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 1.25 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.

In the current environment, public companies may find it more challenging to raise capital through traditional public offerings. Despite market volatility, private placements of various securities afford issuers the opportunity to support liquidity and bridge valuation gaps. These private investment in public equity deals (PIPEs) offer a quick, bespoke and discrete option in capital raising. The securities issued in PIPEs, such as common stock, preferred stock and convertible notes, can be easily tailored to the goals and risks of both the issuer and the investors. Please join our panel as they discuss current developments in private investment in PIPEs, including deal structures, legal considerations, business and governance terms, and special regulatory requirements as a result of the recent market volatility.



PANELISTS:

Hillary 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, corporate governance and ESG counseling. She is Band 1 ranked by Chambers USA in capital markets for the energy industry and a recognized leader in Energy Transactions nationwide. Ms. Holmes represents issuers and underwriters in all forms of capital raising transactions, including sustainable financings, IPOs, registered offerings of debt or equity, private placements, and structured investments. Ms. Holmes also frequently advises companies, boards of directors, special committees and financial advisors in M&A transactions, conflicts of interest and special situations.

Eric Scarazzo is a partner in Gibson Dunn’s New York office. He is a member of the firm’s Capital Markets, Securities Regulation and Corporate Governance, Energy, M&A and Global Finance Practice Groups. As a key member of the capital markets practice, Mr. Scarazzo is involved in some of the firm’s most complicated and high-profile securities transactions. Additionally, he has been a certified public accountant for over 20 years. His deep familiarity with both securities and accounting matters permits Mr. Scarazzo to play an indispensable role supporting practice groups and offices throughout the firm. He provides critical guidance to clients navigating the intersection of legal and accounting matters, principally as they relate to capital markets financings and M&A disclosure obligations.


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.

Is antitrust becoming HR’s biggest headache? The antitrust enforcement agencies and plaintiffs’ attorneys alike continue to prioritize competition enforcement in labor markets. The antitrust agencies have been keenly focused on a variety of labor issues, including wage collusion, non-compete, non-solicit and confidentiality agreements, worker classification, earnings claims, franchising arrangements, and merger deals that impact labor, just to name a few. And class actions continue to be filed pressing these issues. How will this trend play out? This panel provides insights from the trenches with a particular focus on pitfalls to avoid.



PANELISTS:

Rachel S. Brass is a partner in the San Francisco office of Gibson, Dunn & Crutcher and co-chair of the Firm’s Antitrust and Competition Practice Group. She is a member of the firm’s Litigation Department where her practice focuses on investigations and litigation in the antitrust, labor, and employment areas. Ms. Brass also has extensive experience representing international and domestic clients in highstakes appellate litigation in the Supreme Court. She has special expertise in international matters and teaches an upper-level course in International Antitrust Law at Berkeley Law School.

Svetlana S. Gans is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where she helps clients navigate complex consumer protection, privacy, and competition related regulatory proceedings before the U.S. Federal Trade Commission (FTC), U.S. Department of Justice Antitrust Division, State Attorneys General and other enforcement bodies.  Ms. Gans also assists on litigation matters and provides strategic counseling and advice related to public policy issues.

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.

Julian W. Kleinbrodt is a litigation associate in the San Francisco office of Gibson, Dunn & Crutcher, where his practice focuses on antitrust and other complex civil litigation.  Mr. Kleinbrodt has successfully represented clients across several industries through trial and appeal.  He has represented clients in federal and state government investigations concerning employment, antitrust, and other competition issues.  Mr. Kleinbrodt also regularly counsels companies in these areas.


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.

While Public Benefit Corporations (PBCs) have been around for a decade, with the increasing importance of environmental, social, and governance (ESG) considerations, their popularity has grown dramatically. Following the successful IPOs of several PBCs and the conversion of already publicly traded companies to PBCs over the past two years, many corporations are considering if becoming a PBC is right for them. In this webcast, lawyers from Gibson Dunn and Morris Nichols talk about what to consider when deciding if being a PBC is right for you. In particular, they discuss the following:

  • How is a PBC different from a traditional corporation?
  • How does a corporation become a PBC?
  • What are the requirements that come with being a PBC?
  • What are the risks and benefits of being a PBC?
  • What is the difference between a PBC and a B Corp?


PANELISTS:

Stephen Glover is a partner in Gibson Dunn’s Washington, D.C. office and has served as Co-Chair of the firm’s Mergers and Acquisitions Practice Group. Mr. Glover has an extensive practice representing public and private companies in complex mergers and acquisitions, strategic alliances and joint ventures, as well as other corporate matters. Mr. Glover’s clients include large public corporations, emerging growth companies and middle market companies in a wide range of industries. He also advises private equity firms, individual investors and others.

Julia Lapitskaya is a partner in Gibson Dunn’s New York office and a member of the firm’s Securities Regulation and Corporate Governance practice group. Ms. Lapitskaya advises clients on a wide range of securities and corporate governance matters, with a focus on SEC and listing exchanges’ compliance and reporting requirements, corporate governance best practices, annual meeting matters, shareholder activism, board and committee matters, ESG and executive compensation disclosure issues, including as part of initial public offerings and spin-off transactions.

Harrison A. Korn is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he is a member of the firm’s corporate department. His practice focuses on public and private mergers and acquisitions, the formation and operation of private equity and hedge funds, and capital markets and other corporate transactions, as well as general corporate matters, including securities law compliance and corporate governance.

Melissa DiVincenzo is a partner at the Wilmington, Delaware law firm Morris Nichols. Ms. DiVincenzo provides advice on corporate governance matters and private and public corporate transactions, including initial public offerings, mergers, asset sales, domestications, dissolutions and financing transactions. She has a specialized knowledge of Delaware law when structuring transactions and confronting complex or novel corporate issues.


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 0.75 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.

The webcast provides analysis of the significant and high-profile cases before the Supreme Court this Term, including those affecting the business community.



PANELISTS:

Rachel S. Brass is a partner in the San Francisco office of Gibson, Dunn & Crutcher and co-chair of the Firm’s Antitrust and Competition Practice Group. She is a member of the firm’s Litigation Department where her practice focuses on investigations and litigation in the antitrust, labor, and employment areas. Ms. Brass has extensive experience representing international and domestic clients in high-stakes appellate litigation in the Supreme Court, as well as Federal and state appellate courts throughout the United States.

Ms. Brass’s extensive antitrust and competition experience includes litigation and trial of indirect and direct purchaser claims, international cartel matters, mergers and acquisitions, grand jury investigations, and other antitrust investigations by the Federal Trade Commission, United States Department of Justice, European Commission, Canadian Competition Bureau, Korean Fair Trade Commission, Japan Fair Trade Commission and Australian Competition and Consumer Commission, as well as litigation in trial and appellate courts.

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.


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.

Class actions have gradually taken root outside the US in recent years. We highlight common pitfalls and early advocacy problems that defendants typically face in these new regimes and provide an overview in which direction international class actions will develop in the years to come.

View Slides (PDF)



PANELISTS:

Eric Bouffard is a French qualified partner in the Paris office of Gibson Dunn & Crutcher, where he serves as a member of the firm’s International Arbitration, Litigation and Business Restructuring Practice Groups. Mr. Bouffard is particularly active in cross-border litigation, commercial arbitration, commercial law (including insolvency and recovery of debt), industrial risk (latent defects, interruption of production, delay and disruption claims, consequential losses), international trade and insurance before both judicial courts and arbitral tribunals. He is regularly involved in M&A disputes, shareholders and more generally project partners disputes.

Jean-Pierre Farges is a partner in the Paris office of Gibson, Dunn & Crutcher LLP, Global Co-Chair of the firm’s Business Restructuring & Reorganization Practice Group and member of the firm’s Litigation Practice Group. Mr. Farges specializes in complex M&A litigation, arbitration, industrial risk, construction, international trade, insurance, reinsurance, equity capital insolvency dispute matters and public and administrative law disputes and regulatory issues. He has been involved in a number of major disputes before state courts and arbitral tribunals, acting for banks, funds companies and listed industrial companies.

Osma Hudda is an English qualified partner in Gibson, Dunn & Crutcher’s London office and is a member of the Firm’s Dispute Resolution Group. Ms. Hudda has broad-based dispute resolution experience including litigation, international arbitration and regulatory investigations. Ms. Hudda’s litigation experience has involved representing clients in Employment Tribunals, the High Court and Court of Appeal. In arbitration she has represented clients from a wide variety of industries, particularly oil & gas, before arbitral tribunals including the ICC and LCIA. She has also defended companies involved in regulatory investigations in the UK and internationally as well as assisting clients in large scale internal investigations and related compliance issues.

Markus Rieder is a partner in the Munich office of Gibson, Dunn & Crutcher. He is a member of the firm’s Class Actions, Transnational Litigation, Securities Litigation and International Arbitration Groups. Mr. Rieder focuses his practice on complex commercial litigation, both domestic and cross-border, and national and international arbitration, as well as on compliance and white collar defense. He has substantial experience in the automotive, industrial and manufacturing sectors. Mr. Rieder is regularly recommended by the leading legal publications.

Cassie Aprile is a dual-qualified Associate in the London office of Gibson, Dunn & Crutcher, practising in the firm’s Dispute Resolution Group. Ms. Aprile qualified as a solicitor in Australia in 2010, and as a solicitor in England & Wales in 2018. Ms. Aprile specialises in commercial litigation and has experience advising clients on a broad range of complex disputes across various industry sectors, including mining and energy, property, development, banking and general commercial. Most recently, Ms. Aprile has assisted in the defence of a UK retailer in the largest private sector equal pay claim to be heard in the English courts.

Alexander Horn is an associate in the Munich office of Gibson, Dunn & Crutcher. He is a member of the firm’s Litigation, Class Actions, Securities Litigation, Transnational Litigation and International Arbitration Practice Groups. Mr. Horn has experience in a wide variety of complex litigation and international arbitration matters. This includes several contract, post-M&A, and corporate disputes before German Regional Courts as well as representing a financial services company in Germany’s largest arbitration to date. Handelsblatt / The Best Lawyers™ in Germany 2021/2022 have recognized Mr. Horn in the inaugural list “Ones to Watch” for International Arbitration.

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.


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.

Congress continues to debate enactment of the Build Back Better Act, which is expected to include major changes to the federal tax law. Meanwhile, other recently enacted tax legislation, including the sweeping tax reform enacted in 2017, continues to generate significant regulatory activity at the Treasury Department and IRS. And recent increases in IRS funding are leading to an uptick in audit activity for the first time in many years, focused in part on partnerships and multi-national businesses.

This panel provides an overview of these legislative, regulatory and enforcement developments.

View Slides (PDF)



PANELISTS:

Michael Desmond is a partner in the Los Angeles and Washington, DC offices of Gibson, Dunn & Crutcher and a member of the Firm’s Tax Practice Group. His practice covers a broad range of federal tax matters with a focus on tax controversy and litigation. For more than 25 years, he has represented clients before the examination divisions of the Internal Revenue Service (IRS), the IRS Independent Office of Appeals, in the United States Tax Court and in federal district courts, the Court of Federal Claims and various federal courts of appeal. Prior to joining Gibson Dunn, Mr. Desmond served as the 48th Chief Counsel of the IRS, having been nominated by the President and confirmed by the Senate.
Lorna Wilson is a partner in Gibson, Dunn & Crutcher’s Los Angeles office and a member of the firm’s Tax Practice Group. Ms. Wilson’s practice focuses on federal income tax matters, including corporate, limited liability company and partnership tax matters in both the U.S. and international contexts. She has worked on a variety of transactions, including taxable and tax-free mergers, acquisitions, dispositions and reorganizations, joint ventures, investment funds, public and private offerings of stock, debt and derivatives and financing transactions. Ms. Wilson additionally has extensive experience in tax planning for real estate transactions, including advising on investments in real estate by U.S. and non-U.S. investors, including foreign governments, dispositions of real estate, real estate investment trust (REIT) matters and California state and local real estate tax issues, including property and transfer taxes issues.
Brian R. Hamano is Of Counsel in the San Francisco office of Gibson, Dunn & Crutcher and a member of Gibson Dunn’s Tax Practice Group.  Mr. Hamano’s practice encompasses a variety of transactions, including domestic and cross-border M&A, private equity, real estate, capital markets and blockchain transactions.  Mr. Hamano’s clients include public companies, private equity sponsors and technology and real estate companies. Mr. Hamano has been recognized by The Best Lawyers in America® as “Ones to Watch” in Tax Law for 2021 and 2022.

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.

Issuers are facing increasing calls from stakeholders and regulators, as well as within their own organizations, to proactively address ESG across their business footprint. The heightened focus on ESG impacts the way issuers, underwriters and lenders participate in capital raising. Join us in a recorded presentation for a discussion on the new opportunities, products, challenges and requirements.



PANELISTS:

Crystal Simpson is a Managing Director in Evercore’s advisory business and heads the Energy Equity Capital Markets group, which includes Sustainable Energy & Clean Technology, Oil & Gas, Power & Utilities, Mining and Chemicals. She focuses on the origination and execution of public and private equity and equity-like transactions. Ms. Simpson has worked with Energy companies for 21 years. She joined Evercore in 2019 and was previously a managing director at Barclays and co-head of the Natural Resources Equity Capital Markets group. She joined Lehman Brothers in 2001 as part of the Natural Resources coverage group and gained extensive experience across the spectrum of investment banking transactions, including mergers and acquisitions, restructurings and capital raises. Ms. Simpson has spent 18 years in Equity Capital Markets, originating and executing initial public offerings, follow-ons, equity-linked offerings, private investments in public equities (PIPEs), private convertible preferred offerings and pre-IPO private capital for energy companies.

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. In addition, Mr. Briggs was named Corporate Governance Professional of the Year by Corporate Secretary Magazine.

Yair Galil is of counsel in Gibson Dunn’s New York office and a member of the firm’s Global Finance, Business Restructuring and ESG Practice Groups. Mr. Galil’s experience includes representation of sponsors, issuers, financial institutions and investment funds in complex financing transactions. The business contexts for these transactions have ranged from corporate finance (including sustainability-linked credit facilities), to leveraged acquisitions and dividend recaps, to debt buybacks and other out-of-court capital restructuring transactions, to debtor-in-possession and bankruptcy exit financings. He also frequently performs credit analyses on a borrower’s debt instruments, and advises on vulnerabilities and potential restructuring approaches.

Hillary 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, corporate governance and ESG counseling. She is Band 1 ranked by Chambers USA in capital markets for the energy industry and a recognized leader in Energy Transactions nationwide. Ms. Holmes represents issuers and underwriters in all forms of capital raising transactions, including sustainable financings, IPOs, registered offerings of debt or equity, private placements, and structured investments. Ms. Holmes also frequently advises companies, boards of directors, special committees and financial advisors in M&A transactions, conflicts of interest and special situations.

Jason Meltzer is a partner in Gibson Dunn’s Washington, D.C. office and a member of the firm’s Litigation Department and Class Actions and ESG Practice Groups. Mr. Meltzer has experience in a wide range of complex commercial litigation, with an emphasis on securities and consumer products class action defense. Mr. Meltzer also has extensive experience representing clients in antitrust, mass tort, breach of contract, commercial fraud, insurance and merger-related litigation. Mr. Meltzer routinely counsels Fortune 100 companies on minimizing litigation risks in connection with their ESG disclosures, has authored several publications on the topic, and has defended multiple class actions challenging ESG statements as false or misleading.

Robyn Zolman is Partner-in-Charge of the Denver office of Gibson, Dunn & Crutcher and a member of the firm’s Corporate Transactions Practice Group.  Her practice is concentrated in securities regulation and capital markets transactions.  Ms. Zolman represents clients in connection with public and private offerings of equity and debt securities, tender offers, exchange offers, consent solicitations and corporate restructurings.  She also advises clients regarding securities regulation and disclosure issues and corporate governance matters, including Securities and Exchange Commission reporting requirements, stock exchange listing standards, director independence, board practices and operations, and insider trading compliance.  She provides disclosure counsel to clients in a number of industries, including energy, telecommunications, homebuilding, consumer products and biotechnology.


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 1.25 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.

When buyers and sellers negotiate acquisition agreements, they often spend a significant percentage of their negotiating time working out the terms of the provisions that govern adjustments to the purchase price. Purchase price adjustment mechanics are also a frequent cause of post-closing disputes between buyers and sellers. In this recorded webcast, Gibson Dunn lawyers and an accounting expert examine purchase price adjustments in detail. The webcast includes discussions of the following:

  • A review of the issues that arise in negotiating purchase price adjustment provisions, and drafting tips for corporate counsel
  • A discussion of the common sources of post-closing adjustment disputes, and accountants’ views on how these disputes may be resolved
  • A litigator’s views on litigating purchase price adjustment disputes


PANELISTS:

Stephen Glover is a partner in Gibson Dunn’s Washington, D.C. office and has served as Co-Chair of the firm’s Mergers and Acquisitions Practice Group. Mr. Glover has an extensive practice representing public and private companies in complex mergers and acquisitions, strategic alliances and joint ventures, as well as other corporate matters. Mr. Glover’s clients include large public corporations, emerging growth companies and middle market companies in a wide range of industries. He also advises private equity firms, individual investors and others.

Michelle M. Gourley is a partner in Gibson Dunn’s Orange County office and is a member of the firm’s Corporate Department. Ms. Gourley practices general corporate and business law, with a focus on mergers and acquisitions and general corporate counseling. Ms. Gourley has significant experience with domestic and international transactions, including acquisitions, mergers, round financings and buy-out options across numerous industries such as manufacturing, medical device and software. Ms. Gourley regularly provides advice to senior management and boards of private companies in connection with their day-to-day operations.

Ron Hauben is senior counsel in Gibson Dunn’s New York office and Co-Chair of the firm’s Accounting Firm Advisory and Defense Practice Group.  Mr. Hauben’s practice focus is on bringing the full scope of the firm’s legal services to the accounting profession, including regulatory enforcement and litigation defense, corporate governance, counseling and advice on a wide range of risk, crisis management and professional practice issues. Mr. Hauben also has extensive experience counseling with public and private company boards and management on the role of independent auditors and the importance of the independent audit to stakeholders and capital markets.

Marshall R. King is a partner in Gibson Dunn’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.

Christen Morand is a partner at Ernst & Young LLP in the Forensic & Integrity Services practice. She provides litigation support services and alternative dispute resolution services on a variety of matters, including expert testimony, post-transaction disputes, purchase price disputes and analysis and resolution of transaction or contractual provisions. Ms. Morand’s experience in providing arbitration and expert testimony services includes net working capital disputes, earn-out disputes, GAAP vs historical consistency issues, GAAP vs IFRS issues and other complex accounting issues. She also has experience conducting accounting and financial fraud investigations, including revenue recognition, asset misappropriation and earnings management.


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 1.25 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.

Prospective joint venture partners frequently spend many hours discussing governance matters because they understand strong governance can be a key to venture success. In this recorded webcast, experts from Gibson Dunn and Ankura Consulting talk about designing an effective joint venture governance system. In particular, they discuss the following:

  • Why joint venture governance matters, and the relationship between governance and venture performance
  • How to make decisions regarding board structure and composition, including board size, quorum requirements, and the role of independent directors, observers, and committees
  • How to manage fiduciary duties and other conflicts of interest joint venture board directors face
  • What practical steps can be taken to ensure that governance processes continue to operate smoothly after the venture commences operation, and as the venture evolves over time


PANELISTS:

Stephen Glover is a partner in Gibson Dunn’s Washington, D.C. office and has served as Co-Chair of the firm’s Mergers and Acquisitions practice group. Mr. Glover has an extensive practice representing public and private companies in complex mergers and acquisitions, strategic alliances and joint ventures, as well as other corporate matters. Mr. Glover’s clients include large public corporations, emerging growth companies and middle market companies in a wide range of industries. He also advises private equity firms, individual investors and others.

Alisa Babitz is of counsel in Gibson Dunn’s Washington, D.C. office.  She is a member of the firm’s Mergers and Acquisitions practice group.  Ms. Babitz advises public and private companies on a wide range of general corporate, securities and M&A matters including acquisitions, dispositions and other business combinations; strategic alliances and joint ventures; public and private securities offerings; and venture capital investments.

James Bamford is a Senior Managing Director at Ankura and Head of the Joint Venture and Partnership Practice. He joined Ankura with the firm’s 2020 acquisition of Water Street Partners, which he co-founded in 2008. Mr. Bamford serves a global client base on joint venture transactions, governance, restructurings, and other partnership issues. He has advised clients on more than 200 venture transactions valued at more than $300 billion. He has served clients across multiple industries and in more than 50 countries. Mr. Bamford is author of two books and more than 100 articles on joint ventures and alliances.

Tracy Pyle is a Managing Director in Ankura’s Joint Venture and Partnership Practice. Ms. Pyle advises clients on joint ventures, partnerships, and alliances across the entire lifecycle of a partnership – from formation through launch, management, restructuring, and exit. She also advises companies on managing a portfolio of joint ventures. Ms. Pyle has written on the subject of joint ventures in numerous publications, including Sloan Management Review and the Harvard Law School Forum on Corporate Governance.


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 1.5 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 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 March 2022, the Securities and Exchange Commission approved a rule proposal for new climate change disclosure requirements for both U.S. public companies and foreign private issuers. In this webcast, a panel of Gibson Dunn lawyers provides an overview of the proposed requirements and discuss the key takeaways and the impact the proposal, if adopted, would have on public companies.



PANELISTS:

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.  In addition, Mr. Briggs was named Corporate Governance Professional of the Year by Corporate Secretary Magazine.

Anne Champion is a partner in Gibson Dunn’s New York office and a member of the firm’s Transnational Litigation, Environmental Litigation, Media Law, and Intellectual Property Practice Groups. Ms. Champion has played a lead role in a wide range of high-stakes litigation matters, including trials.  Her practice focuses on complex international disputes, including RICO, fraud, and tort claims, and includes federal and state court litigation and international arbitration.  She also has significant experience in First Amendment and intellectual property disputes.

Tom Kim is a partner in Gibson Dunn’s Washington, D.C. office and a member of the firm’s Securities Regulation and Corporate Governance Practice Group.  Mr. Kim focuses his practice on a broad range of SEC disclosure and regulatory matters, including capital raising and tender offer transactions and shareholder activist situations, as well as corporate governance, environmental social governance and compliance issues.  He also advises clients on SEC enforcement investigations involving disclosure, registration and auditor independence issues. Mr. Kim served at the SEC for six years as the Chief Counsel and Associate Director of the Division of Corporation Finance, and for one year as Counsel to the Chairman.

Lori Zyskowski is a partner in Gibson Dunn’s New York office and Co-Chair of the firm’s Securities Regulation and Corporate Governance Practice Group. Ms. Zyskowski advises clients, including public companies and their boards of directors, on corporate governance and securities disclosure matters, with a focus on Securities and Exchange Commission reporting requirements, proxy statements, annual shareholders meetings, director independence issues, proxy advisory services, and executive compensation disclosure best practices.  She also focuses on advising companies on environmental, social and governance, or ESG, disclosures.  Ms. Zyskowski also advises on board succession planning and board evaluations and has considerable experience advising nonprofit organizations on governance matters.

Brian A. Richman is an associate in Gibson Dunn’s Washington, D.C. office and a member of the firm’s Appellate and Constitutional Law, and Administrative Law and Regulatory practice groups. Mr. Richman focuses his practice on high-stakes appellate, administrative law, and complex litigation matters. He regularly litigates constitutional and statutory issues in courts around the country and represents clients in challenging and defending regulatory action by administrative agencies, with an emphasis on securities and financial services matters.


MCLE CREDIT INFORMATION:

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

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact CLE@gibsondunn.com to request the MCLE form.

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

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 our distinguished panelists for a recorded discussion about the U.S. Sentencing Guidelines and how they apply in corporate enforcement actions. They discuss issues arising in white collar matters and strategies that can impact the calculation of the Sentencing Guidelines fine range, including gain from the offense, corporate recidivism, and cooperation, among other issues. Another area of focus is how the Guidelines address corporate compliance programs and how organizations can position themselves for maximum credit.



PANELISTS:

Stephanie Brooker is former Director of the Enforcement Division at the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) and previously served as the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney’s Office for the District of Columbia and as a trial attorney for several years.  Ms. Brooker co-chairs Gibson Dunn’s global White Collar Defense and Investigations, Anti-Money Laundering, and Financial Institutions Practice Groups.  She represents financial institutions, multi-national companies, and individuals in connection with BSA/AML, sanctions, anti-corruption, securities, tax, wire fraud, crypto currency, and workplace misconduct matters.  Her practice also includes compliance counseling and corporate deal due diligence and significant criminal and civil asset forfeiture matters.  She routinely handles complex cross-border investigations.  Ms. Brooker has been named a National Law Journal White Collar Trailblazer and a Global Investigations Review Top 100 Women in Investigations.

Kendall Day is a partner in the Washington, D.C. office, 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. Prior to joining Gibson Dunn, Mr. Day had a distinguished 15-year career as a white collar prosecutor with the Department of Justice (DOJ), rising to the highest career position in the DOJ’s Criminal Division as an Acting Deputy Assistant Attorney General (DAAG). 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/Bank Secrecy Act, sanctions, FCPA and other anti-corruption, securities, tax, wire and mail fraud, unlicensed money transmitter, false claims act, and sensitive employee matters. Mr. Day’s practice also includes BSA/AML compliance counseling and due diligence, and the defense of forfeiture matters.

Michael S. Diamant is a partner in the Washington, D.C. office and a member of the firm’s White Collar Defense and Investigations Practice Group. His practice focuses on white collar criminal defense, internal investigations, and corporate compliance. He represents clients in an array of matters, including accounting and securities fraud, antitrust violations, and environmental crimes, before law enforcement and regulators like the U.S. Department of Justice and the Securities and Exchange Commission. Mr. Diamant also regularly advises major corporations on the structure and effectiveness of their compliance programs.

Patrick F. Stokes is co-chair of the Anti-Corruption and FCPA Practice Group. Previously, he headed the DOJ’s FCPA Unit, managing the DOJ’s FCPA enforcement program and all criminal FCPA matters throughout the United States, covering every significant business sector, and including investigations, trials, and the assessment of corporate anti-corruption compliance programs and monitorships. He also co-headed the DOJ Fraud Section’s Securities & Financial Fraud Unit focusing on major corporate financial fraud investigations and trials, and he served as an assistant United States attorney in the Eastern District of Virginia. His practice focuses on internal corporate investigations and enforcement actions regarding corruption, securities fraud, and financial institutions fraud.

Elizabeth Niles practices in Gibson Dunn’s Litigation Department, focusing on white collar criminal defense and investigations, employment law, and complex commercial litigation.  Ms. Niles regularly represents a diverse range of clients, including major multinational corporations, in criminal, regulatory, and internal investigations.  Her practice includes advising clients under investigation by regulators; coordinating and conducting witness interviews, document reviews, and productions; working with in-house legal, audit, and compliance teams; preparing presentations and reports; and preparing subject matter experts for meetings with government agencies.


MCLE CREDIT INFORMATION:

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

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact 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 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.

The United States and the European Union have issued or announced new export controls targeting Russia, Belarus, and the Russia-backed separatist regions of Ukraine known as the Donetsk People’s Republic and the Luhansk People’s Republic. These new controls include a substantial expansion of item-based licensing requirements, an extension of export licensing requirements to new products using or made with certain controlled software and technology, an expansion of military end use and end user controls, changes to the license review policy, and the modification of existing license exceptions for the Russia- and Belarus-specific context. More recent changes include prohibitions on the export of oil and gas refining equipment, bank notes, and luxury goods.

These changes, and concurrent Entity List designations, reflect significant export controls cooperation both internationally and between U.S. government agencies. As tensions continue to rise, we will likely see more series of tools from the NATO countries and their allies to exert economic pressure on Russia to deescalate the ongoing crisis in Ukraine and withdraw its army from Ukraine’s borders. Hear from our experts about these developments and how companies should proactively assess their exposure to the export controls measures being discussed.



MODERATOR:

David Burns is Co-Chair of the firm’s National Security Practice Group and a partner in the Washington, D.C. office.  He previously served in senior positions in both the Criminal Division and National Security Division of the U.S. Department of Justice, most recently as Acting Assistant Attorney General of the Criminal Division.  Mr. Burns represents corporations and executives in federal, state, and regulatory investigations involving sanctions and export controls, theft of trade secrets and economic espionage, securities and commodities fraud, international and domestic cartel enforcement, and other health care, government contracting, and accounting fraud matters.

PANELISTS:

Patrick Doris is a partner in the London office advising financial sector clients and others on OFAC and EU sanctions violations, responses to major cyber-penetration incidents, and other matters relating to national supervisory and regulatory bodies.  Mr. Doris’ practice also includes transnational litigation, cross-border investigations, and compliance advisory for clients including major global investment banks, global corporations, leading U.S. operators in the financial sectors, and global manufacturing companies, among others.

Christopher T. Timura is Of Counsel in the Washington D.C. office. He counsels clients on compliance with U.S. and international customs, export controls, and economic sanctions law and represents them before the departments of State (DDTC), Treasury (OFAC and CFIUS), Commerce (BIS), Homeland Security (CBP and ICE), and Justice in voluntary and directed disclosures, civil and criminal enforcement actions and investment reviews. Working with in-house counsel, boards, and other business personnel, he helps to identify and leverage existing business processes to integrate international trade compliance, and CSR-related data gathering, analysis, investigation, and reporting throughout client business operations.

Richard Roeder is an associate in the Munich office who was previously seconded to the Washington, D.C. office and worked with the firm’s U.S. sanctions and export control team and assisted clients in managing the challenges posed by the divergence between U.S. and EU economic and financial sanctions. He advises clients in the banking, insurance, automotive, mining, oil and gas, healthcare and information technology industries in the areas of sanctions, anti-money-laundering and anti-corruption compliance.

Lindsay Wardlaw is a consultant at Amalie Trade Compliance Consulting.  Ms. Wardlaw advises clients on building and enhancing their trade compliance programs. Previously, Ms. Wardlaw worked as an associate at Gibson Dunn in the Washington, D.C. office, specializing in export controls, sanctions, antiboycott, customs, and CFIUS matters.

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The United States, the European Union, the United Kingdom, Australia, Japan and other countries have issued or announced sanctions and export controls targeting Russia and the Russia-backed separatist regions of Ukraine known as the Donetsk People’s Republic and the Luhansk People’s Republic. The United States took the first step by issuing broad jurisdiction-based sanctions on the two regions, similar to the existing sanctions on the Crimea region of Ukraine, and followed up with additional sanctions targeting Russia’s financial system. NATO allies also announced sanctions—including targeted designations by the United Kingdom and a sanctions package by the European Union—and non-NATO allies promised or implemented tough sanctions in close coordination. As tensions continue to rise, we continue to see more series of tools from the NATO countries and their allies to exert economic pressure on Russia to deescalate the ongoing crisis in Ukraine and withdraw its army from Ukraine’s borders.

Hear from our experts about these developments and how companies should proactively assess their exposure to the sanctions and export controls measures being discussed.



MODERATOR:

David A. Wolber is a Registered Foreign Lawyer (New York) in Hong Kong and Of Counsel in the Hong Kong office of Gibson, Dunn & Crutcher. He is a member of the firm’s International Trade Practice Group. Mr. Wolber assists clients around the world in understanding and navigating complex legal, compliance, reputational, political and other risks arising out of the interplay of various international trade, national security and financial crime laws and regulations, with particular expertise advising clients on economic and trade sanctions, export controls, foreign direct investment controls/CFIUS, anti-money laundering (AML) and anti-bribery and anti-corruption (ABC) laws and regulations.

PANELISTS:

Patrick Doris is a partner in the London office whose practice includes transnational litigation, cross-border investigations, and compliance advisory for clients including major global investment banks, global corporations, leading U.S. operators in the financial sectors, and global manufacturing companies, among others. He advises financial sector clients and others on OFAC and EU sanctions violations, responses to major cyber-penetration incidents, and other matters relating to national supervisory and regulatory bodies.

Christopher T. Timura is Of Counsel in the Washington D.C. office. He counsels clients on compliance with U.S. and international customs, export controls, and economic sanctions law and represents them before the departments of State (DDTC), Treasury (OFAC and CFIUS), Commerce (BIS), Homeland Security (CBP and ICE), and Justice in voluntary and directed disclosures, civil and criminal enforcement actions and investment reviews. Working with in-house counsel, boards, and other business personnel, he helps to identify and leverage existing business processes to integrate international trade compliance, and CSR-related data gathering, analysis, investigation, and reporting throughout client business operations.

Richard Roeder is an associate in the Munich office who was previously seconded to the Washington, D.C. office and worked with the firm’s U.S. sanctions and export control team and assisted clients in managing the challenges posed by the divergence between U.S. and EU economic and financial sanctions. He advises clients in the banking, insurance, automotive, mining, oil and gas, healthcare and information technology industries in the areas of sanctions, anti-money-laundering and anti-corruption compliance.

Claire Yi is an associate in the Washington, D.C. office. She is a member of the firm’s International Trade and White Collar Defense and Investigations Practice Groups. Ms. Yi received her Juris Doctor, magna cum laude, from Harvard Law School, where she was an Articles Editor for Harvard International Law Journal. During law school, she served as an intern for the Compliance and Business Risk Department at the World Bank-International Finance Corporation, for the Office of the Inspector General at the State Department, and for the Office of the Legal Adviser at the State Department.

The United States, the European Union, the United Kingdom, Australia, and Japan issued or announced sanctions targeting Russia and the Russia-backed separatist regions of Ukraine known as the Donetsk People’s Republic and the Luhansk People’s Republic. The United States took the first step by issuing broad jurisdiction-based sanctions on the two regions, similar to the existing sanctions on the Crimea region of Ukraine, and followed up with additional sanctions targeting Russia’s financial system. NATO allies also announced sanctions—including targeted designations by the United Kingdom and a sanctions package by the European Union—and non-NATO allies promised tough sanctions in close coordination. As tensions continue to rise, we will likely see more series of tools from the NATO countries and their allies to exert economic pressure on Russia to deescalate the ongoing crisis in Ukraine and withdraw its army from Ukraine’s borders.

Hear from our experts about these developments and how companies should proactively assess their exposure to the sanctions and export controls measures being discussed.



MODERATOR:

Judith Alison Lee is a partner in the Washington, D.C. office and Co-Chair of the firm’s International Trade Practice Group. Ms. Lee is a Chambers ranked leading International Trade, Export Controls, and Economic Sanctions lawyer practicing in the areas of international trade regulation, including USA Patriot Act compliance, economic sanctions and embargoes, export controls, and national security reviews (“CFIUS”). Ms. Lee also advises on issues relating to virtual and digital currencies, blockchain technologies and distributed cryptoledgers.

PANELISTS:

Patrick Doris is a partner in the London office whose practice includes transnational litigation, cross-border investigations, and compliance advisory for clients including major global investment banks, global corporations, leading U.S. operators in the financial sectors, and global manufacturing companies, among others. He advises financial sector clients and others on OFAC and EU sanctions violations, responses to major cyber-penetration incidents, and other matters relating to national supervisory and regulatory bodies.

Richard Roeder is an associate in the Munich office who was previously seconded to the Washington, D.C. office and worked with the firm’s U.S. sanctions and export control team and assisted clients in managing the challenges posed by the divergence between U.S. and EU economic and financial sanctions. He advises clients in the banking, insurance, automotive, mining, oil and gas, healthcare and information technology industries in the areas of sanctions, anti-money-laundering and anti-corruption compliance.

Adam Smith is a partner in the Washington, D.C. office and a highly experienced international trade lawyer. Mr. Smith previously served in the Obama Administration as the Senior Advisor to the Director of OFAC and as the Director for Multilateral Affairs on the National Security Council. Mr. Smith focuses on international trade compliance and white collar investigations, including with respect to federal and state economic sanctions enforcement, the FCPA, embargoes, and export controls.

Claire Yi is an associate in the Washington, D.C. office and a member of the firm’s International Trade and White Collar Defense and Investigations Practice Groups. Ms. Yi’s background includes having interned in the Compliance and Business Risk Department at the World Bank-International Finance Corporation, in the Office of the Inspector General at the State Department, and in the Office of the Legal Adviser at the State Department.