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.
Additionally, Ms. Feinstein has experience representing corporations and individuals in white collar criminal investigations and regulatory enforcement matters, including matters initiated by the Department of Justice, Securities and Exchange Commission, and Internal Revenue Service. Ms. Feinstein has also conducted sensitive internal investigations on behalf of companies, boards, audit and other board committees related to financial controls, anti-money laundering laws and regulations, and employee complaints regarding harassment, discrimination and retaliation. She has particular expertise representing financial institutions in connection with criminal, civil, and regulatory enforcement actions involving compliance with anti-money laundering laws and regulations, including the Bank Secrecy Act.
Representative Civil Litigation:
- Successfully represented the University of California in a seven-week bench and jury trial against an international consulting firm alleging professional malpractice, breach of contract and violations of the False Claims Act.
- Obtained decertification of a class of more than 11,000 J.B. Hunt truck drivers on the eve of trial in a long-running wage and hour litigation.
- Obtained a favorable decision from the arbitration panel in a bet-the-company breach of contract dispute involving an aluminum manufacturing plant.
- Obtained a rare reversal of a denial of summary judgment from the New York Appellate Division, on behalf of Trust Company of the West (“TCW”), on grounds the plaintiff hedge fund failed to establish loss causation in a case where TCW was the collateral manager for a large portfolio of mortgage-backed securities that failed to perform in the wake of the global financial crisis. TCW successfully argued the financial crisis caused the loss, not TCW’s management.
- Obtained a voluntary dismissal with prejudice of a putative securities class action concerning The Bank of New York Mellon’s foreign exchange practices on behalf of underwriters Goldman Sachs, Citigroup, Merrill Lynch, Morgan Stanley, UBS and BNY Mellon Capital Markets.
- Obtained a favorable settlement for directors of investment manager in connection with fraud and breach of fiduciary duty claims arising out of the demise of financial services giant Refco.
- Obtained a favorable settlement for an investment bank in connection with fraud and negligent misrepresentation claims related to the bank’s issuance of asset-backed securities.
- Obtained a favorable settlement of nationwide class and mass action claims against the Bank of New York arising out of the bank’s role as indenture trustee for debt issued by a medical factoring company.
- Obtained a favorable settlement of securities class action claims against Intel arising from the 2010 initial public offering of Smart Technologies, Inc. – a company in which Intel held a substantial investment both before and after the IPO. After significantly narrowing the class at the class certification stage, the case settled on terms involving no contribution by Intel.
- Represented various investment banks including UBS, Goldman Sachs, Lazard, Centerview, Moelis and Citigroup in connection with over a dozen shareholder mergers & acquisitions litigations.
Representative White Collar Defense and Investigations Matters
- Representing technology company in investigation by the Securities and Exchange Commission and Department of Justice stemming from IPO disclosures.
- Represented international bank in investigation by Department of Justice and United States Attorney’s Office for alleged violations of anti-money laundering laws and regulations, including the Bank Secrecy Act.
- Represented international gaming company in investigation by Department of Justice and United States Attorney’s Office for alleged violations of anti-money laundering laws and regulations, including the Bank Secrecy Act.
- Represented international business conglomerate in investigation by the Securities and Exchange Commission related to accounting practices.
- Represented investment management firm in connection with various regulatory and criminal investigations arising from trades in mortgage-backed securities.
- Led internal investigation on behalf of Special Committee of international gaming company regarding adequacy of internal controls.
- Represented international bank in connection with investigation by Department of Justice and Securities and Exchange Commission relating to anti-money laundering laws.
- Led internal investigation for a global nutrition and supplement company related to anti-money laundering controls.
- Served on healthcare fraud monitorship team supporting the Independent Compliance Monitor of medical device manufacturer.
Ms. Feinstein received her Juris Doctor from Georgetown University Law Center in 2007, where she graduated cum laude and served as the Notes Editor of the Georgetown Journal of Law and Public Policy. She graduated summa cum laude from the University of Pennsylvania in 2004, where she received a Bachelor of Arts in History. She is a member of the Board of the Western Center on Law & Poverty, California’s oldest and largest legal services support center.
Ms. Feinstein is admitted to practice in California and New York.