Jason S. Kim is an associate in the Los Angeles office of Gibson, Dunn & Crutcher where he currently practices in the firm’s Litigation Department. Jason previously served as a law clerk to the Honorable Virginia A. Phillips of the U.S. District Court for the Central District of California and as a law clerk to the Honorable Dorothy W. Nelson of the U.S. Court of Appeals for the Ninth Circuit.
He was recognized in The Best Lawyers in America® 2022 Ones to Watch in Mass Tort Litigation/Class Action.
Jason received his law degree in 2015 from the University of California, Berkeley, School of Law, where he graduated Order of the Coif and served as the Senior Supervising Editor of the California Law Review. He received his B.A. in political science, cum laude, from Yale University in 2010.
Jason is a member of the California Bar and is admitted to practice before the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Central District of California.
Janine Durand is a Senior Counsel in the Washington D.C. office of Gibson, Dunn & Crutcher, and a member of the firm’s Energy, Regulation & Litigation and Energy & Infrastructure Groups.
Ms. Durand’s practice involves the representation of clients before the Federal Energy Regulatory Commission (“FERC”). She represents businesses engaged in the development and management of energy transmission and generation, including merchant transmission projects, and renewable energy. Ms. Durand has represented and advised independent power producers, electric power marketers, merchant transmission developers, interstate pipelines, local distribution companies and utilities in connection with a wide range of regulatory, administrative litigation and transactional matters.
She also focuses on advising clients on matters involving Regional Transmission Organizations and Independent System Operators, including interconnection procedures, transmission development, markets and governance. She advises clients on interconnection agreements for generation and transmission line projects. Ms. Durand also represents developers, utilities and investors in connection with regulation, planning, development and construction, and operation of transmission projects and renewable generation facilities.
Prior to joining the firm, Ms. Durand was Senior Counsel at PJM Interconnection L.L.C., a Regional Transmission Organization, in Valley Forge, Pennsylvania and an associate in the Washington, D.C. office of Morgan, Lewis & Bockius. As Senior Counsel at PJM, she specialized in regional planning matters and interconnection agreements, and worked extensively on the siting and development of 500 kV backbone transmission lines in the PJM region.
Ms. Durand is a member of the State Bar of New Jersey and the District of Columbia Bar. Ms. Durand received her law degree from the University of Pennsylvania in 1997. She graduated from the University of Stuttgart, Germany with a Master of Planning Degree in 1989, and she has a Bachelor of Science Degree in Environmental Science from San Jose State University, California.
Erin Rothfuss
(1971 – 2022)
It is with profound sadness that we announce the passing of our partner and friend Erin Rothfuss.
Erin joined Gibson Dunn in 2001 and was promoted to the partnership in 2006. She was a brilliant lawyer, admired by clients, colleagues, and opposing counsel alike. Her practice encompassed real estate matters involving lending and structured finance, private equity, workouts and restructurings, loan sales, syndications and participations, and acquisitions and dispositions.
Erin epitomized the best of Gibson Dunn, and made an indelible mark on our firm through her tireless support of colleagues and commitment to clients, along with her dedication to championing the next generation of lawyers. Beyond her role as co-chair of the Firm’s Real Estate Department, she was a warm and welcoming presence at firm events, a generous teammate and mentor, and a staunch advocate and leader in developing the Women of Gibson Dunn Initiative. She also served with distinction on the firm’s Executive Committee from 2013 to 2015, as she did during her tenures on the firmwide Diversity, Finance, and Associate Compensation Committees.
Outside of work, Erin was a special friend to many of us – fun and funny, curious, engaging, well-traveled, and always up for an adventure. She loved music, whether going to concerts, festivals or at home with friends. She also loved animals and served on the board of directors of Muttville, a senior dog rescue organization.
Erin received her law degree, cum laude, in 1996 from Harvard Law School, and her Bachelor of Arts degree, with high honors, in Economics and Anthropology from the University of California at Berkeley in 1993.
Erin was an extraordinary member of the Gibson Dunn community. At this difficult time, our thoughts are with her family, as well as with the many colleagues who worked with Erin over the years. She will be tremendously missed.
Eric B. Steiglitz is Of Counsel in the Los Angeles office of Gibson, Dunn & Crutcher. He is a member of the firm’s Real Estate Department.
Eric has represented real estate funds, lenders, real estate investment trusts, institutional and non-institutional investors in complex commercial real estate transactions involving a broad spectrum of commercial property types, including portfolio and single-asset acquisitions and dispositions; mortgage, mezzanine and construction financings; formation of limited liability companies, limited partnerships and joint ventures; secondary market transactions involving interests in secured debt, including distressed debt acquisitions; preferred equity investments; sale-leaseback transactions; debt and equity restructurings; and development.
He earned his J.D. from Columbia University School of Law, where he was a Harlan Fiske Stone Scholar. Eric graduated from Cornell University in 1993, majoring in Industrial and Labor Relations.
Eric is admitted to practice in California and New York.
Geoffrey M. Sigler is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office. He is a Co-Chair of the Insurance and Reinsurance Practice and a member of the firm’s Litigation, Class Action, Health Care, and Insurance Practice Groups. Throughout Mr. Sigler’s career, he has successfully represented corporate clients in dozens of class actions and other complex cases in federal and state courts throughout the United States.
In recognition of Mr. Sigler’s repeated “successes in high-stakes litigation,” he has been named by Law360 as an MVP – one of five “elite” attorneys for the health care industry. Mr. Sigler also has been recognized by Law360 as a “Rising Star,” based on his “string of high-profile wins” for the insurance industry. Mr. Sigler frequently litigates cases and advises clients on cutting-edge issues arising under ERISA, the Affordable Care Act, the Medicare Act, the False Claims Act, and other laws and regulations.
Representative matters include:
- In re Aetna UCR Litigation, MDL 2020 (D.N.J.), a consolidated multi-district litigation in which putative nationwide classes of providers and subscribers alleged that various managed care companies conspired to underpay plan benefits for out-of-network services. Mr. Sigler helped his client obtain dismissal of RICO and antitrust claims and denial of class certification for the remaining claims under ERISA.
- Brink v. XE Holding, LLC (D.D.C.), a nationwide class action brought by employees of government contractors under RICO and various other legal theories, seeking $2 billion in damages from insurers and government contractors for the alleged mishandling of workers’ compensation claims. Mr. Sigler helped his client obtain complete dismissal of all claims and affirmance on appeal.
- Sanzone v. Aetna, Elizabeth L. v. Aetna, and Daniel F. v. Aetna (N.D. Cal.), a trio of class actions, filed in the same court over the course of several years, challenging various behavioral health coverage practices by a managed care company under ERISA and mental health parity laws. Mr. Sigler helped his client win all of the cases—he obtained dismissal of two and denial of class certification in the third.
- In re Tropicana Orange Juice Marketing and Sales Practices Litigation (D.N.J.), a nationwide class action brought by consumers who challenge the marketing of orange juice. Mr. Sigler helped his client obtain denial of class certification.
- Wilson v. Frito-Lay North America, Inc. (N.D. Cal.), a class action brought by California consumers who challenge the labeling of snack products. Mr. Sigler helped his client obtain summary judgment.
- United States ex rel. Swoben v. SCAN (S.D. Cal.), a qui tam False Claims Act complaint challenging risk adjustment practices by multiple Medicare Advantage companies. Mr. Sigler helped his client obtain dismissal with prejudice. On appeal, Mr. Sigler spearheaded a rehearing petition that resulted in his client’s dismissal being upheld despite reinstatement of claims against other defendants.
- AHIP v. Hudgens (N.D. Ga.), a legal challenge to a Georgia state “prompt pay” law brought by Mr. Sigler’s client, a trade association representing administrators of health benefits plans. Mr. Sigler helped his client obtain a permanent injunction blocking enforcement of the challenged law and affirmance on appeal.
- Peterson v. Aetna (S.D.N.Y.), a lawsuit that arose out of a dispute between the acquiring company and the sellers over the purchase price and valuation of the acquired company. Mr. Sigler spearheaded a counterclaim strategy by which the acquiring company, the defendant, sought damages from the sellers, who were the plaintiffs, based on breaches of representations and warranties.
Mr. Sigler also has represented corporate clients, audit committees, and individuals in investigations by the United States Department of Justice, the Department of Labor, the Securities and Exchange Commission, state attorneys general, and other federal and state regulators.
Mr. Sigler graduated from the University of Virginia School of Law in 2001, where he was Articles Development Editor of the Virginia Journal of Social Policy and the Law. He received his Bachelor of Arts degree magna cum laude from the University of Richmond in 1998. Mr. Sigler is a member of the bars of the District of Columbia and Virginia.
David J. Furman is a partner in the New York office of Gibson, Dunn & Crutcher. His practice focuses on real estate capital markets, financings, acquisitions and dispositions, limited partnerships, limited liability companies and joint ventures, debt restructurings, and workouts and leasing.
Mr. Furman has been ranked as a top real estate attorney in Chambers USA: America’s Leading Lawyers for Business, The US Legal 500 and The Best Lawyers in America©. Mr. Furman was also chosen as one of the top 3% attorneys in the nation by The Legal News.
Mr. Furman served as a panelist for “Buying Distressed Mezzanine Paper: Looking at Secondary Market Purchases, Sales & Mezzanine Liquidity” and a moderator for “TALF, TARP & PPIP Update” at Information Management Network Real Estate Conferences. Mr. Furman is frequently quoted by the press. He was featured in GlobeStreet.com and Real Estate Bisnow for his experience with real estate workouts, as well as in Bloomberg, and Real Estate New York. He has previously lectured at the International Council of Shopping Centers Law conferences.
Mr. Furman’s real estate clients include, among others, Investcorp; J.P. Morgan Chase & Co.; Junius Real Estate Partners; and sovereign wealth funds. Last year, Mr. Furman completed in excess of $1 billion in real estate transactions for his clients, including the acquisition and disposition of property located in the New York Metropolitan area, Las Vegas, Southern Florida, Texas, Illinois, and Northern and Southern California.
Mr. Furman also has been involved in numerous Islamic finance transactions. He has been at the forefront of developing and implementing, for a number of clients over the past 15 years, real estate products that are compliant with Islamic law, including ijara and murabaha structures.
Mr. Furman has been actively involved in representing commercial buyers, sellers and developers of office properties, industrial/warehouse properties, multifamily assets and student housing projects.
Mr. Furman was the National Chair of the Cornell Law School Annual Fund and is a member of the Cornell Law School Advisory Council and the Dean’s Special Leadership Committee.
Mr. Furman earned his Juris Doctor in 1986 from the Cornell Law School and a joint Bachelor of Arts/Master of Arts degree in 1983 from the University of Pennsylvania.
David M. Wilf is a partner in the New York office of Gibson, Dunn & Crutcher. Mr. Wilf’s practice focuses on mergers and acquisitions, joint ventures, strategic alliances and general corporate matters, including strategic complex corporate contracts. He is Co-Chair of Gibson Dunn’s Transportation and Space Group. Mr. Wilf has worked on both coasts of the United States, in London and in Tokyo, has represented United States entities in Europe, Asia, Latin America and Africa in acquisitions, divestitures and joint ventures and non-U.S. entities in similar types of domestic and international transactions, in addition to his general domestic U.S. practice. Mr. Wilf has extensive experience in technology, satellite, consumer products and bankruptcy acquisitions. He also works in the area of private equity and has represented several secondary funds in their investment activities. Mr. Wilf is recognized as a leading M&A attorney by the International Financial Law Review.
Mr. Wilf received his Juris Doctor in 1982 from University of California Hastings College of the Law and his undergraduate degree in 1979 from the University of Pennsylvania, where he graduated with honors.
Mr. Wilf is admitted to the bar in both California and New York.
Representative Clients and Transactions
- SES S.A.: Multiple investments in and the ultimate acquisition of O3b Networks, a satellite constellation providing a global Internet backbone for emerging markets for over US$700 million, acquisition of New Skies Satellites for US$1.2 billion, tax-free disposition to GE of various satellites, interests in satellite JVs and services businesses for US$1.3 billion, acquisition of RR Media, an Israeli publicly traded satellite services company and many other matters around the world.
- GE: Representation of GECC in its satellite transactions, including the disposition of its joint venture interest in AsiaSat to Carlyle.
- Brown-Forman Corporation: Acquisition of The BenRiach Distillery Company, which produces the GlenDronach, BenRiach and Glenglassaugh single malt scotch whisky brands for about US$400 million and the disposition of Southern Comfort for about US$500 million, the disposition of Canadian Mist, the acquisition of Fords gin and other brands, in addition to a number of other matters.
- Gartner: Mergers and acquisitions, SEC and other work.
- Coty Inc.: Acquisition of Philosophy, a skincare and cosmetics company, from The Carlyle Group and the acquisition of OPI Products, a manufacturer and marketer of nail care products, each for about US$1 billion. Representation of Coty in connection with investment in Coty by two private equity firms and in its IPO, the largest ever for a consumer products company. Acquisitions, joint ventures, restructurings and other matters for Coty in the United States, Southeast Asia, Latin America and Europe.
- Borse Dubai: Acquisition of a 28% stake in the London Stock Exchange for US$1.7 billion, US$5.2 billion hostile tender for OMX and swap of the shares of OMX for a 28% direct and indirect interest in NASDAQ, together with license of NASDAQ name and technology to and investment by NASDAQ in Borse Dubai, among other transactions.
- PanAmSat: Most of its major acquisitions, financings and joint ventures around the world, including its US$3.5 billion merger with Hughes and US$5 billion sale to KKR, as well as securities filings, financings, key litigation matters and general corporate matters.
- Colgate Palmolive: Large number of brand acquisitions, divestitures, joint ventures, licensing transactions, research and development and other transactions and corporate matters over the past 20 years, both domestically and internationally, in Europe, Africa, Asia, the United States and Latin America.
- Wiley & Sons: Several acquisitions in new technology for this publisher in the US$100 million to US$300 million range.
- InterMedia: Both general corporate and deal representation of InterMedia, including its acquisition from Lin of its Puerto Rican TV stations, sale of certain of those stations to Caribevision and purchase from Primedia of certain outdoor titles and related assets.
- Charter: Major settlement and US$1 billion in cable divestures.
- TBC: Representation of TBC special committee in its US$1.3 billion sale to Sumitomo.
- PricewaterhouseCoopers US: Disposition of its technology consulting business to IBM for US$3 billion (including representation in previous planned disposition through an IPO), its business restructuring group to FTI for about US$200 million and other matters.
- Silver Lake Partners: Major investment in WorldCom, including co-investment and shareholder arrangements with MatlinPatterson.
- Southern Cross: Representation in numerous investments and dispositions in Latin America ranging from consumer products to telecommunications industries.
Japan-Related Experience
- Unisys: Represented Unisys in the merger of the former Burroughs wholly owned Japanese subsidiary with the former Sperry TSE first section publicly traded joint venture with Mitsui, Nippon Univac KK, forming Nihon Unisys.
- Japanese companies: Represented many Japanese companies, such as Fujitsu, Ricoh and others in investments into the U.S. and Europe, including Fujitsu’s purchase of ICL, and U.S. companies in joint ventures and inbound investments into Japan.
- Moore Business Forms: Represented Moore Business Forms in the buyout of its investment in its publicly traded joint venture with Toppan Insastsu in Japan, Toppan-Moore, for which Moore received over US$400 million in two separate transactions.
- Kodak: Represented Kodak in the purchase of its 90-year distributorship in Japan from Nagase Sangyo for US$550 million.
David H. Kennedy, a partner in the Palo Alto office of Gibson, Dunn & Crutcher, is a member of the Corporate Department focusing on transactions relating to the development, acquisition, licensing and commercial exploitation of life sciences, software, semiconductor chip and other technologies and the licensing and commercial exploitation of digital media, entertainment content, trademarks and publicity rights. Mr. Kennedy has substantial experience with the negotiation of collaboration and license agreements involving life sciences companies and with OEM, distribution, cloud computing, escrow and end-user license agreements relating to computer software. A significant component of Mr. Kennedy’s intellectual property transactions practice includes patent licensing and the acquisition or disposition of patent portfolios. Mr. Kennedy regularly assists with intellectual property issues arising out of M&A transactions and joint ventures and has extensive experience involving a wide range of commercial transactions, including financing, distribution, supply, manufacturing, and services agreements, and with preserving intellectual property rights in a bankruptcy context. Mr. Kennedy, who started with the firm in its Los Angeles office in 1982, for a period of time served as general counsel of a public company engaged in the business of licensing biodegradable materials technology.
Mr. Kennedy has lectured at a number of programs and seminars regarding intellectual property and various other legal issues, including programs sponsored by the Practicing Law Institute, the Continuing Education Section of the California State Bar, the University of Southern California Law Center, the American Conference Institute, the Rocky Mountain Intellectual Property and Technology Institute, Glasser LegalWorks Seminars, Law Seminars International, Stanford Law School and the Silicon Valley Association of General Counsel. He is a member of the Science and Technology Section, the Business Law Section and the Intellectual Property Section of the American Bar Association and the Intellectual Property Law and Business Law Section of the California State Bar Association.
Mr. Kennedy has contributed chapters or articles regarding intellectual property issues to a number of treatises, including Intellectual Property in Business Transactions, S L. Weakley, ed. (2008); Partnerships, Joint Ventures & Strategic Alliances, S. Glover and C. Wasserman, eds. (2007) and Intellectual Property in Business Organizations: Cases and Materials, Richard S. Gruner, Shubha Ghosh, Jay P. Kesan (2006).
Mr. Kennedy graduated in 1982 from the University of Wisconsin Law School, where he served as Note and Comment Editor for the Wisconsin Law Review and was elected a member of the Order of the Coif. He earned a Master of Business Administration degree, with a major in finance, in 1981 from the University of Wisconsin Graduate School of Business.
Daniel Ball is of counsel in Gibson, Dunn & Crutcher’s San Francisco office. He is a member of the firm’s Real Estate Department.
His practice experience includes representation of clients in all areas of real estate, including permanent financing, loan restructuring and workouts, acquisitions, sales, and commercial leasing.
Daniel received his law degree from New York University School of Law. He earned a Bachelor of Arts degree, cum laude, from the University of Washington, where he majored in Philosophy and Political Science and obtained membership in Phi Beta Kappa.
He is admitted to practice in the State of California.
David A. Battaglia is a partner in the Los Angeles office of Gibson, Dunn & Crutcher LLP, having joined the firm from law school in 1987. A senior member of the firm’s Litigation Department, Battaglia has extensive and successful first-chair trial experience in business cases in federal and state courts, and in arbitration, with a principal focus on complex matters (see list below) – prevailing on behalf of both plaintiffs and defendants.
Mr. Battaglia was inducted into the elite International Academy of Trial Lawyers (IATL) in 2020. The IATL identifies and honors those who have achieved a career of high excellence through demonstrated skill and ability in jury trials, court trials and appellate practice, and is limited to 500 Fellows in the United States. He also has been inducted as a Fellow into the Litigation Counsel of America, and is a member of its Trial Law Institute and Diversity Law Institute. He is the Past President of the Board of Governors of the Association of Business Trial Lawyers (ABTL) in Los Angeles which has over 2,000 lawyers and jurists, and he has served on the Executive Committee of the Litigation Section of the Los Angeles County Bar Association.
He has been honored as one of “America’s Top 100 Civil Defense Litigators,” one of the “10 Best Civil Litigation Attorneys” in California for client satisfaction, the “Best Lawyers in America,” a “Lawyer of Distinction” in civil litigation, and a “Super Lawyer” for many years. Battaglia also was elected as a member of the prestigious Chancery Club in Los Angeles as a distinguished lawyer active in professional, civic and philanthropic affairs.
Mr. Battaglia has substantial and diverse industry and subject matter experience. He has been the lead litigator in numerous corporate control contests and hostile takeovers, related securities litigation, and DOJ, SEC, and state government investigations. He successfully has tried and managed corporate governance and earn-out disputes, consumer mass and class actions, entertainment litigation, eminent domain matters, and other real estate and construction cases. The breadth of his practice also includes matters in the fields of energy and natural resources, public utilities, and defense contracting and infrastructure.
A sample of clients he is representing and has represented include AECOM, SingPost, Integrated Micro-Electronics Inc., Howard Hughes Corp., Green Dot Corp., Motorcar Parts of America Inc., Sempra Energy, King’s Seafood Co., Parsons Corp., General Growth Properties Inc., Investcorp, The Sports Authority, J. H. Whitney Capital Partners, Emulex Corp., Computer Sciences Corp., Farmers Insurance Exchange, Tiffany & Co., ITT Educational Services Inc., International Education Corp., CBS Inc., Sony Music Entertainment Inc., Fox Sports, Southern California Gas Co., San Diego Gas & Electric Co., AGL Resources Inc., General Electric, Encana Corp., Raytheon, Hughes Missile Systems Co., National Crane, K2 Industries Inc., Spark Networks, UberMedia, Peoplesoft Corp., Metromedia Inc., Pinnacle Entertainment Inc., Search Optics, The Rubicon Project, inTEAM, BWAY Corp., California Water Service Corp. and Neil/John Edwards of Dunn Edwards Corp.
Battaglia has been admitted to practice in the U.S. Supreme Court; federal Courts of Appeal for the Fourth, Fifth, Ninth and D.C. Circuits; federal District Courts in California, the District of Columbia, New York, New Jersey, Florida, Tennessee, Texas, Virginia, and the Commonwealth of the Northern Mariana Islands; and all courts in the State of California and in Washington, D.C.
Mr. Battaglia is a graduate of Georgetown University with honors, and a double major in English and Government. He earned his law degree in 1987 at the University of California, Berkeley (then Boalt Hall) School of Law. Prior to joining Gibson Dunn, Battaglia worked for a member of Congress in Washington, D.C.
Battaglia has served on the Board of Directors of the Girl Scouts of Greater Los Angeles, which is committed to more than 40,000 girls and young women annually. He also served on the Board of Hathaway-Sycamores Child and Family Services, Inc., a non-profit organization dedicated to mental health which helps more than 8,000 children annually in the Los Angeles area. He and his wife Julie live in La Cañada Flintridge, California.
Representative jury trials, non-jury trials, arbitrations, and appellate experience are described in more detail below.
Representative Trials and Arbitrations and Injunctions:
- AECOM v. [Venture] (2021): Lead trial counsel in a successful arbitration dispute concerning the deconstruction of a nuclear power plant.
- Metropolitan Transportation Authority (MTA) v. Southern California Gas Co. (2019-2021): Prevailed in the Los Angeles Superior Court and the California Court of Appeal in what MTA declared was $800 million dispute, where MTA attempted to hold SoCalGas responsible for the costs of utility relocations caused by MTA’s new transit rail projects.
- inTEAM Associates LLC v. Heartland Payment Systems (2021): Lead trial counsel in Delaware Chancery Court concerning the ownership and use of school payment technology.
- ITX v. King’s Seafood Co. (2019-2020): Lead trial counsel in a construction defect dispute in Orange County Superior Court involving a high-end restaurant. Case settled on the eve of trial.
- [Holder Representative] v. Green Dot Corp. (2018): Lead counsel in an arbitration before an independent accounting firm on behalf of the respondent regarding whether an earn-out was earned and required to be paid, which was successfully resolved.
- [Sex Trafficking Victim] v. California Attorney General (2018): Lead counsel in Los Angeles Superior Court where the court found for our client that the Attorney General’s position was erroneous and that the correct statutory interpretation entitled payment of necessary therapeutic expenses. Success acknowledged by the Coalition Against Slavery and Trafficking.
- Neil Edwards & John Edwards, and Dunn Edwards Corp. v. Peter Edwards (2016/2017): Lead trial counsel in Delaware Chancery Court for Neil & John Edwards, in a dispute involving whether a Stockholders Agreement inhibited the sale of Dunn Edwards Corp. to a strategic buyer. Case favorably settled following the completion of trial, briefing and submission of the matter, and Dunn Edwards Corp. subsequently sold for a reported amount in excess of $550 million.
- San Diego Gas & Electric Company v. City of Laguna Beach (2017): Lead counsel on behalf of the public utility in federal court in Orange County in an action to set aside a municipal ordinance as violative of the Contracts Clause of the U.S. Constitution and as otherwise unconstitutional. Ordinance was withdrawn by the City.
- H. Whitney Capital Partners v. [Seller] (2013): Co-lead trial counsel for one of the oldest private equity firms in the nation, J.H. Whitney, in a six-week AAA arbitration before the Honorable Carlos Moreno, retired California Supreme Court Justice and current U.S. Ambassador. Client was pleased with the representation. Opposing party and arbitration award is confidential under AAA rules.
- Schultz v. Douglas Steel Supply Co. (2013): Lead trial counsel for the plaintiff in a six-week court trial in Los Angeles County Superior Court involving claims for involuntary dissolution of a corporation, breach of fiduciary duty, conversion, and an accounting. Case favorably settled after closing argument.
- Santa Clara Valley Transportation Authority v. General Growth Properties, Inc. (2012 and 2014): Lead trial counsel in an eminent domain case in Santa Clara County Superior Court representing the second largest mall owner in the nation. The court permitted the right to take, but the case was settled favorably in 2014 on the eve of a jury trial on the issue of just compensation.
- [Mother] v. [Father] (2012): Lead trial counsel for a mother of three children in a domestic abuse action pro bono publico in Los Angeles County Superior Court. After a three day trial, the court found in favor of our client, granted a permanent protective order against the father, and awarded sole physical and legal custody of the children to the mother, subject to periodic visitation.
- Southern California Gas Company v. City of Alhambra (2011): Lead counsel on behalf of the public utility in federal court in Los Angeles in an action to set aside a municipal ordinance as violative of the Contracts Clause of the U.S. Constitution. Judgment was obtained for our client.
- Fiber Technology Corp. v. Parsons Infrastructure and Technology, Inc. (2009): Lead trial counsel for Parsons in a five-week jury trial in Los Angeles County Superior Court involving contract disputes over Iraq reconstruction efforts. Jury verdict obtained in favor of our client.
- [Class of Students] v. ITT Educational Services, Inc. (2008): Lead counsel in six arbitrations before different former judges and experienced AAA arbitrators in Houston, Texas involving claims for fraud, negligence, breach of contract, deceptive trade practices, and education code violations. The arbitrations lasted between five weeks and two days. Client was pleased with the representation. Opposing parties and results are confidential under AAA rules.
- Caruso Affiliated Holdings, LLC v. General Growth Properties, Inc. (2007): Co-lead trial counsel for General Growth in a seven-week jury trial in Los Angeles County Superior Court involving claims for antitrust violations, tortious interference, and unfair competition arising from alleged contacts with potential tenants of a competing shopping mall. The antitrust and unfair competition claims against our client were dismissed at trial, and the remaining claim was settled after a jury verdict.
- Holiday Partnerships v. Shelter Management Corp. (2007): Lead counsel for Shelter Management in fraud, receivership, and partnership dissolution proceedings in Los Angeles County Superior Court involving twenty multi-family dwellings. Successfully opposed injunctive relief and the appointment of a receiver, and the matter thereafter was favorably resolved.
- Commonwealth of the Northern Mariana Islands v. Carlsmith Ball LLP (2003): Co-lead counsel for defendant in the U.S. District Court for the Commonwealth of the Northern Mariana Islands in Saipan and in Los Angeles County Superior Court. Obtained declaratory and injunctive relief on behalf of our client, and the Commonwealth subsequently dismissed its claims.
- Southern California Gas Company v. City of Santa Ana (2002): Lead counsel on behalf of the public utility in federal court in Los Angeles in an action to set aside a municipal ordinance as violative of the Contracts Clause of the U.S. Constitution. Judgment was obtained for our client.
- Sunclipse Inc. v. Dell (2000): Lead counsel for Sunclipse in a Los Angeles Superior Court proceeding seeking injunctive relief for misappropriation of trade secrets. Judgment was obtained for our client.
- Arakelian v. North’s Bakery, Inc. (1999): Lead counsel for defendant in an arbitration in a breach of contract and tortious interference action involving a buyout agreement. A decision was rendered for our client.
- Carter v. Loxley Public Company (1997): Co-lead counsel in a two-month jury trial in San Francisco County Superior Court for plaintiffs in a dispute alleging wrongful termination and breach of contract. Jury verdict was issued in favor of one plaintiff and against the other.
- Weber v. Fidelity Federal Bank (1996): Lead trial lawyer in Los Angeles County Superior Court for Fidelity Federal Bank involving claims by 40 plaintiffs that the bank miscalculated interest on adjustable rate mortgages. Decision for our client was obtained on all claims.
- MobilWorks v. L.A. Cellular Telephone Company (1996): Lead counsel for L.A. Cellular in an arbitration challenging its exclusive distribution agreement as unenforceable and an unreasonable restraint of trade. Decision was rendered for our client.
- Yamahata v. Tiffany & Company (1995): Co-lead trial counsel for Tiffany in a month long jury trial in Los Angeles County Superior Court involving wrongful termination claims and gray market activities. Decision was obtained for our client.
- Chaltiel v. Abbey Healthcare, Inc. (1994): Co-lead counsel for the plaintiff in a wrongful termination, breach of contract and fraud dispute. The matter was resolved favorably after a two-month AAA arbitration.
- Strong v. Coutin (1993): Lead trial counsel in a bench trial in Los Angeles County Superior Court involving rights to easements and improvements, as well as the abatement of nuisances. Decision was obtained for our client.
- Adrabi v. Rozillio (1993): Lead trial counsel for defendant in a real estate fraud dispute in Los Angeles County Superior Court. The matter settled favorably during trial.
Representative Appellate Experience:
- Los Angeles County Metropolitan Transit Authority v. Southern California Gas Co., 2021 WL 3579191, as modified on denial of reh’g and review denied (Cal. Ct. App. 2021). Lead counsel in decision for client Southern California Gas Co. in what MTA stated was an $800 million dispute holding that utilities were not required to pay for facility relocations caused by MTA’s new transit construction projects.
- ITT Educational Services, Inc. v. Arce, 533 F.3d 342 (5th Cir. 2008). Lead counsel in a precedential decision in favor of our client ITT Tech holding that a confidentiality clause in an arbitration agreement is fully enforceable and prevents disclosure of evidence or the result in subsequent proceedings.
- California Farm Bureau Federation v. California State Water Resources Control Board, 146 Cal. App. 4th 1126 (2007) (rev. granted). Co-lead counsel in a groundbreaking decision in favor of our client that the implementation of a state statute imposing water rights “fees” on a broad class of California citizens violates Proposition 13’s bar against new state taxes.
- Southern California Gas Company v. City of Santa Ana, 336 F.3d 385 (9th Cir. 2003). Lead counsel in a decision with nationwide implications, where the court affirmed our client’s position that a municipal ordinance imposing new fees in addition to those paid under a franchise agreement violates the Contracts Clause of U.S. Constitution.
- Lockheed Martin Corp. v. Superior Court, 109 Cal. App. 4th 24 (2003) (rev. granted, rev. dismissed and superseded by statute). Co-lead counsel in a decision where the court held that news publicity was sufficient to commence the running of the statute of limitations in an “Erin Brockovich” toxic tort action.
- Adaptive Power Solutions v. Hughes Missile Systems Co., 141 F.3d 947 (9th Cir. 1998). Co-lead counsel in an oft-cited decision that affirms that injury to competition is required to demonstrate an antitrust violation.
- Engel v. CBS, Inc., 981 F.2d 1076 (9th Cir. 1992). Lead counsel in a decision for CBS, Inc. that applies conflict of law principles and mandates that the law of New York should govern a malicious prosecution dispute, resulting in our clients ultimately prevailing.
Diane Chan is a litigation associate in the New York office of Gibson, Dunn & Crutcher. Her practice focuses on a broad range of high-stakes complex commercial and business litigation. She has represented clients before federal and state courts at the appellate and trial levels, as well as before administrative agencies.
Diane has extensive trial and motion practice experience, and has served as a key member of a number of successful trial teams. Among other representative matters, she was a member of the trial team that successfully defeated the SEC’s fraud charges against Lynn Tilton and her Patriarch entities, in which the SEC sought disgorgement of more than $200 million from Ms. Tilton—the largest disgorgement award ever sought by the SEC from an individual. Following a three-week bench trial, the SEC Administrative Judge issued a rare decision dismissing the SEC’s charges in full. Diane also represented a major international insurer in filing a high-stakes $1 billion civil RICO, breach of contract, fraud and breach of fiduciary duty action in federal court. After successfully defeating the adverse party’s attempts to dismiss the civil RICO and other claims, and following a nearly month-long bench trial, the trial team successfully secured a favorable post-trial settlement on behalf of the insurer. Recently, she was a lead associate on the trial team that represented Ms. Tilton and her Patriarch entities in a two-week jury trial in New York Supreme Court that resulted in a favorable settlement for the client.
Diane maintains an active pro bono practice, with a focus on immigration matters. She was a co-lead associate on the team that represented a longtime lawful permanent resident in removal proceedings before the Board of Immigration Appeals in the case Obeya v. Sessions, 884 F.3d 442 (2d Cir. 2018). In a ground-breaking decision, the Second Circuit reversed the Board of Immigration Appeals’ ruling, and narrowed the circumstances under which the Board may apply new agency rules retroactively in future cases. Recently, she defended a municipality against a lawsuit seeking to overturn local legislation that provided for the creation of police review boards in order to address systemic racism in the justice system.
Diane earned her Juris Doctor in 2014 from Columbia Law School, where she was named a Harlan Fiske Stone Scholar and served as a Managing Editor of the Columbia Human Rights Law Review. During law school, she also served as a judicial intern for Honorable Robert D. Sack of the U.S. Court of Appeals for the Second Circuit. Diane received her Bachelor of Arts degree, with honors, from Northwestern University in 2008.
She is admitted to practice in the State of New York and before the United States District Court for the Southern District of New York.
David L. Glandorf is an associate in Gibson Dunn’s Denver office where he currently practices in the Firm’s Litigation Department and works with the Firm’s Intellectual Property Practice Group. Prior to attending law school, he served as an instructor in general chemistry at the University of Colorado.
Dr. Glandorf received his law degree in 2007 from Harvard Law School. While at Harvard, he served as Basic Training Director for the Harvard Mediation Program, as well as the Sports Chair for the Harvard Committee on Sports and Entertainment Law, and he worked on the Journal of Law and Technology. In addition, Dr. Glandorf holds a Ph.D. in physical chemistry from the University of Colorado, and a B.S. from Wheaton College in Illinois. More recently, Dr. Glandorf has taught patent litigation as part of the Intellectual Property Capstone course at the University of Denver Sturm College of Law.
Among the various matters during his time at Gibson Dunn, Dr. Glandorf has represented Tessera, Inc. in a patent infringement trial before the International Trade Commission involving semiconductor technology. He has represented Sharp Corporation before the International Trade Commission in matters involving on-screen program guides and liquid crystal display technology. Other technological patent disputes in which Dr. Glandorf has been involved include matters representing Amazon.com, Inc., Hewlett-Packard, and Paramount Pictures in U.S. District Court.
Dr. Glandorf further specializes in the representation of pharmaceutical clients in intellectual property disputes and counseling, including Hatch-Waxman litigation. His clients in this area have included Depomed, Merck Serono, Sanofi-Aventis, Pfizer, and Novo Nordisk.
Dr. Glandorf has also drafted and litigated petitions for Inter Partes Reviews before the USPTO Patent Trial and Appeals Board including matters for Roquette Frères and Agilent Instruments.
Dr. Glandorf is admitted to practice law in the State of Colorado and before the USPTO.
Daniel M. Kolkey has served as an Associate Justice on the California Court of Appeal, Third Appellate District, and as Counsel to the Governor of California. A partner in the San Francisco office of Gibson, Dunn & Crutcher since 2003, Mr. Kolkey is chair of the firm’s California Appellate Law Practice Group, a member of the firm’s national appellate and constitutional law practice group, and a member of the Litigation Department.
Ranked in the first tier for California Appellate Litigation by Chambers USA in 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, and 2018, and awarded the prestigious Clay Award as an Attorney of the Year in the fields of Government/Public Policy, Appellate law, Real Estate and Development, and Sports Law for “extraordinary achievement” in the years 2004, 2006, 2015, and 2016, respectively, Mr. Kolkey’s practice focuses on appellate litigation. He served for five years (1999-2003) as an Associate Justice on the California Court of Appeal, Third Appellate District, in Sacramento, served as Legal Affairs Secretary and counsel to Governor Pete Wilson for four years, has advised four different governors on legal issues, and acted as Governor Arnold Schwarzenegger’s lead negotiator for tribal-state compacts under the Indian Gaming Regulatory Act. The Daily Journal named him as one of the top 100 lawyers in California in 2018.
In May 2010, the California Chief Justice appointed him to the California Judicial Council’s Appellate Advisory Committee, and in September 2013 and September 2016, the Chief Justice reappointed him to a second and third term, respectively. In October 2013, he was named as chair of the Appellate Advisory Committee’s Appellate Rules subcommittee, which recommends revisions to the appellate rules for the California Courts.
As a litigator (before and after his government service from 1995 to 2003), Mr. Kolkey has handled class and shareholder actions; construction, insurance, real estate, employment, and contract disputes; Proposition 65 litigation; unfair competition litigation; legal malpractice defense; California environmental law litigation; administrative law cases; and political law litigation, including ballot litigation, Voting Rights Act claims, and redistricting matters.
Representative Matters
- Successful appeal in the California Court of Appeal, reversing a $34 million judgment and directing a judgment in favor of our client in a contract dispute over an earn-out clause in connection with the acquisition of a technology company. (SEP II V. Riverbed Technology, Inc., case no. A148043 (2018).)
- Successful appeal in the California Court of Appeal, reversing a legal malpractice verdict of $34.5 million against a national law firm. (Sabadia v. Holland & Knight LLP, case no. BZY2773 (2018).)
- Successful appeal in the California Court of Appeal under the California Environmental Quality Act which reversed the principal grounds for disapproving the construction of a $500 million rail facility near the Port of Los Angeles. (City of Long Beach v. City of Los Angeles___Cal.App. 5th __ (2018).)
- Successful defense in the California Court of Appeal against statutory and tort law challenges to the activities of an online rental marketplace. (Housing Rights Committee of San Francisco v. HomeAway, Inc. (2017).)
- Successful defense in the California Court of Appeal in an appeal under the California Environmental Quality Act and related laws challenging the approval of an arena for the Golden State Warriors. (Mission Bay Alliance v. Office of Community Investment and Infrastructure et al., 6 Cal.App 5th 160 (2016).)
- Successful appeal in the California Court of Appeal, resulting in the reversal of an adverse judgment that had invalidated the election of corporate directors. (Morrical v. Rogers, 220 Cal.App.4th 438 (2013).)
- Successful defense of a national e-commerce client in the California Supreme Court, which held that the Song-Beverly Credit Card Act does not apply to on-line purchases of electronically downloadable products. (56 Cal.4th 128 (2013).)
- Successful appeal in support of a national drugstore chain’s equal protection challenge to a municipal ordinance in the California Court of Appeal. (Walgreen Co. v. City and County of San Francisco, 185 Cal.App.4th 424 (2010).)
- Successful reversal of a multimillion dollar legal malpractice judgment against a client in the California Court of Appeal. (Blanks v Seyfarth Shaw LLP, 171 Cal.App.4th 336 (2009).)
- Successful defense against a claim under the California False Claims Act in the California Supreme Court. (Harris v. PricewaterhouseCoopers, 39 Cal.4th 1220 (2006).)
- Successful defense of Proposition 77 in the California Supreme Court. (Costa v. Superior Court, 37 Cal.4th 986 (2006).)
- Successful representation of business interests over the validity of a referendum petition in the California Court of Appeal. (Zaremberg v. Superior Court, 115 Cal.App.4th 111 (2004).)
- Successful representation of a corporation in a proxy dispute before the federal district court and Ninth Circuit. (Acosta v. Pacific Enterprises, 950 F.2d 682 (9th Cir. 1993).)
- Successful representation of a government contractor in a bankruptcy dispute before the bankruptcy court, federal district court, and Ninth Circuit. (Softwaire Centre International, Inc., 994 F.2d 682 (9th Cir. 1993).)
- Successful representation of the Governor of California in the redistricting litigation before the California Supreme Court. (Wilson v. Eu, 1 Cal.4th 707 (1992).)
- Successful representation of the Arizona House of Representatives in the trial over Arizona’s congressional districts. (Arizonans for Fair Representation v. Symington, 828 F.Supp. 684 (D. Ariz. 1992), affirmed, 113 S.Ct. 1573 (1993).)
- Successful representation of the Governor of California against a challenge to a ballot initiative. (League of Women Voters v. Eu, 7 Cal.App 4th 649 (1992).)
Mr. Kolkey has also drafted California initiative measures, including Proposition 20 (congressional redistricting reform), which was adopted by the voters in 2010, and Proposition 54 (the Legislature Transparency Act), which was adopted by the voters in 2016. In 2017-2018, he drafted and facilitated enactment of California Senate Bill 766, which authorized foreign and out-of-state attorneys to represent their clients in international commercial arbitrations held in California.
He has also maintained an international arbitration practice that has included matters under the English Arbitration Acts and before the International Chamber of Commerce, the American Arbitration Association, and the Iran-United States Claim Tribunal.
As a judge, Mr. Kolkey’s representative decisions include FNB Mortgage Corp. v. Pacific General Group, 76 Cal.App.4th 1116 (1999) (tolling of statute of limitations); Bank of America v. Jennett, 77 Cal.App.4th 104 (1999) (Full Faith and Credit Clause); Marin Healthcare District v. Sutter Health, 103 Cal.App.4th 861 (2002) (application of statute of limitations to public use property); Intel Corp. v. Hamidi, 94 Cal.App.4th 325 (2001) (dissenting opinion regarding e-mail trespass that became the majority decision in the California Supreme Court); and Pacific State Bank v. Greene, 110 Cal.App.4th 375 (2003) (parol evidence rule).
In his capacity as Legal Affairs Secretary and counsel to Governor Pete Wilson, Mr. Kolkey was responsible for all of the legal advice within the Governor’s Office; approving all state agency appeals; supervising and directing litigation strategy with respect to lawsuits brought against the Governor in his official capacity; drafting the Governor’s civil justice reform legislation; and negotiating tribal-state compacts under the Indian Gaming Regulatory Act.
Appointments
- Appointed by the Chief Justice of the California Supreme Court to chair a working group to recommend to the Court whether to authorize out-of-state and foreign attorneys to represent their clients in international commercial arbitrations held in California. The working group’s report was unanimously endorsed by the California Supreme Court (2017).
- Appointed by the California Judicial Council’s Appellate Advisory Committee as Chair of its Rules Subcommittee (2013 – present).
- Appointed by the California Chief Justice to the California Judicial Council’s Appellate Advisory Committee (2010 – present).
- Elected to the Board of Directors of the California Supreme Court Historical Society (2013 – present); elected Vice President in 2018.
- Elected to membership in the American Law Institute (2003 – present).
- Appointed to the California State-Federal Judicial Council (2001-2003).
- Appointed by the California Judicial Council to the Blue Ribbon Commission on Jury System Improvement (1996).
- Appointed by the Governor to the California Law Revision Commission (1992-94), and elected chair of the Commission (1994).
Educational History
Mr. Kolkey received his J.D., magna cum laude, from Harvard Law School in 1977 and his B.A., with distinction and departmental honors, from Stanford University in 1974.
Affiliations
Mr. Kolkey is co-editor of The Practitioner’s Handbook on International Arbitration and Mediation (Juris Publishing) and was an adjunct professor teaching international arbitration at McGeorge Law School from 2001-2004.
He is admitted to practice in all California state and federal courts, the United States Court of Appeals for the Ninth Circuit, the United States District Court for the District of Arizona, and the United States Supreme Court.
Daniel M. Landy is a partner in the Los Angeles office of Gibson, Dunn & Crutcher and a member of the firm’s Real Estate Department.
Dan’s practice includes representation of real estate funds, lenders, and institutional and non-institutional investors in all areas of real estate, including acquisitions and dispositions; construction, mortgage (fee and leasehold) and mezzanine financing; preferred equity investments; and forming and representing limited liability companies, general and limited partnerships and joint ventures.
Selected representative matters include representation of the:
- Mortgage lender in the acquisition financing of 27 industrial properties in Texas;
- Seller in the $850+ million disposition of 11 multifamily assets across 5 states;
- Purchaser/Borrower in the $825+ million acquisition and financing of multiple office buildings in San Francisco, California;
- Lender in the $645+ million construction financing of a portion of a multi-use development project located in California;
- Borrower in the $400+ million construction financing of a single tenant office building located in Austin, Texas;
- Borrower in the $300+ million mortgage loan and $100 million preferred equity investment in connection with an acquisition of office buildings in Bellevue, Washington; and
- Senior mezzanine and junior mezzanine lenders in the $190+ million total construction financing of multiple hotels in Oceanside, California.
Additional information about Dan includes:
- Dan was recognized as a Best Lawyers: Ones to Watch in America™ 2021-2024 in Real Estate Law.
- Dan received his Juris Doctor, cum laude, from Fordham University School of Law in 2013, where he served as a member of the Fordham Law Review. Dan received his Bachelor of Arts in Political Science, magna cum laude, from the University of Pennsylvania in 2010.
- Dan is admitted to practice law in California and New York.
Brooke Myers Wallace is a senior associate in the Los Angeles office of Gibson, Dunn & Crutcher, and a member of the Litigation and Intellectual Property Departments. Her practice focuses on the tech industry. She has extensive experience in state and federal court.
Brooke has represented high-profile clients in the tech industry in a variety of lawsuits and government inquiries on a wide range of issues including patent, copyright, and trademark infringement; data privacy; trade secret misappropriation; consumer fraud; product liability; and attorneys’ fees.
Trial Experience
- Secured a $7.9 million jury verdict and a $3.6 million directed verdict against Monster LLC on behalf of Beats Electronics in California state court.
- Two-week jury trial in the Central District of California; represented a medical device company asserting claims of trade secret misappropriation, breach of contract, and interference with prospective economic advantage.
- First chair in bench trial. Successfully obtained permanent restraining order for pro bono client.
Other Representative Accomplishments
- Decreased confidential client’s damages exposure by 25% by persuading Northern District of California court to reject district precedent on patent marking.
- Persuaded first Northern District of California court, and only the second court in the country, to exclude survey-based valuation of a patent, reducing client’s damages exposure by $62 million.
- Convinced first ever district court to extend Federal Circuit precedent to exclude economic model used to value patent, reducing client’s damages exposure by 80% ($335 million).
- Persuaded Eastern District of Texas court to preclude plaintiff from touting at trial the results of prior successful litigation against her client, leading to a favorable settlement days before trial.
- Invalidated three patents based on claim construction that established patents did not cover client’s sophisticated computing products.
- Negotiated a favorable consent judgment with the Federal Trade Commission on behalf of a confidential client in a data privacy case.
Publications and Presentations
- Author, “Clarity at Long Last: Post-Verdict Compensatory Patent Infringement Damages,” Patent, Trademark, & Copyright Journal (Bloomberg BNA, September 15, 2017).
- Author, “How to Get a Patent Survey Kicked Before Trial,” Law360 (August 16, 2017).
- Author, “The Continued Relevance of the Intellectual Property Umbrella: What Patent, Copyright, and Trademark Lawyers Can Learn from One Another,” Patent, Trademark, & Copyright Journal (Bloomberg BNA, August 8, 2017).
- Co-author with William C. Rooklidge, “Patent Assignments and Licenses: The Grant Clause and Related Patents,” Patent, Trademark, & Copyright Journal (Bloomberg BNA July 13, 2017).
- Author, chapter on patent law in Fashion Law and Business: Brands and Retailers, by Lois F. Herzeca and Howard S. Hogan (Practising Law Institute (2013).
- Co-author with Jennifer Reardon, “Non-Party . . . Party? When It Comes to Deleted ESI, Is There a Difference Anymore?” (Bloomberg BNA 2014).
- Co-presenter with Dana Lynn Craig, “What Is E-Discovery?” (Orange County Bar Ass’n 2017).
- Author, “Treaties and Federal Question Jurisdiction: Enforcing Treaty-based Rights in Federal Court,” Loyola of Los Angeles L.R. (2007).
- She is also a regular contributor to the firm’s client alerts relating to intellectual property and e-discovery law developments.
Brooke earned her law degree in 2008 from Loyola Law School, where she graduated magna cum laude and Order of the Coif. She served as an Editor of the Loyola of Los Angeles Law Review. Brooke received a Bachelor of Arts degree in 2002 from Brown University with a major in Environmental Studies.
She is admitted to practice in the State of California. Brooke is also admitted to practice at the Federal Circuit, and in the Central and Northern Districts of California and the Eastern District of Texas.
Claudia M. Barrett is of counsel in Gibson Dunn’s Washington, D.C. office, where she is a member of the firm’s Litigation Department, the Intellectual Property Practice Group and the Transnational Litigation and Foreign Judgments Practice Group. She is also a member of the firm’s Diversity Committee.
Her practice focuses on litigation and intellectual property counseling, particularly trademark and copyright matters. She has substantial experience in complex civil litigation matters and has represented national and multinational companies in a wide variety of civil disputes in various federal and state courts and before arbitration panels. Claudia has also represented clients in regulatory investigations before several government agencies and has played a significant role in several internal investigations. Representative matters in which she has played a key role include:
- Prosecuting trademark infringement action for search engines’ unauthorized use of multi-national company’s marks as keywords;
- Prosecuting trademark and copyright infringement action against pop-up advertising company for the unauthorized use of trademarks and websites owned by several news outlets;
- Prosecuting several actions brought under 28 U.S.C. 1782 in federal courts around the country to obtain discovery for use in foreign proceedings;
- Defending Chevron Corp. against a multi-billion dollar foreign judgment issued in an Ecuadorian court;
- Assisting in the defense of a major insurance company in various class actions;
- Defending national retailers in class actions alleging fraudulent advertising and deceptive business practices.
Claudia currently manages the trademark portfolios of several firm clients, providing advice to those companies on trademark prosecution matters. As part of her practice, she has also drafted and negotiated numerous trademark and copyright license and coexistence agreements and has counseled companies on issues relating to trademark, copyright and open source software. She also regularly assists clients in enforcing their intellectual property rights through cease-and-desist letters and subsequent negotiations. In addition to trademark prosecution and intellectual property counseling, Claudia also is actively involved in providing intellectual property advice in connection with transactions.
She devotes significant time to assisting non-profit organizations with intellectual property issues, particularly with the protection of their trademark rights through trademark prosecution and cease and desist efforts. Recently, Claudia has provided assistance in this capacity to, among others, the Women’s Heart Alliance, The Human Rights Foundation, and Not Impossible Labs.
Claudia earned her law degree in 2001 from Georgetown University Law Center, where she was editor-in-chief of the Georgetown Law Weekly. Prior to attending law school, Claudia spent three years working for an entertainment management company in Los Angeles, California, where she assisted with drafting and negotiating touring and sponsorship agreements for clients in the music and motorsports industries. She received B.F.A. and B.A. degrees from Florida International University in 1992.
She is a member of the bars of California and the District of Columbia, and has been admitted to appear before the U.S. Courts of Appeals for the Second Circuit and the Fourth Circuit and the United States District Court for the District of Columbia. She is a native Spanish speaker and has a basic knowledge of Italian and French.
Anne Brody is Of Counsel at Gibson Dunn’s Orange County Office, where she is a member of the firm’s Intellectual Property and Life Sciences Practice Groups. After earning a Ph.D. in chemistry, Anne focuses on patent litigation and complex commercial disputes in the pharmaceutical and biotechnology industries. She has represented clients in matters involving a range of therapies and technologies, such as genetically modified T-cell therapies, biologics, peptide drugs, small molecules, and diagnostic technology platforms and methods. Anne has extensive experience in various aspects of IP-related litigation from pre-suit investigation to trial. She also assists clients with corporate transactions involving intellectual property rights, including asset purchase, licensing, and settlements.
Anne is a board member and a Co-Chair for the ChIPs Orange County Chapter, a nonprofit advancing women in IP and technology law and policy, and a Barrister of the Howard T. Markey Intellectual Property Inn of Court in Orange County. She is a patent attorney admitted to practice before the U.S. Patent and Trademark Office.
Beyond her legal work, Anne is committed to supporting young adults with special needs to reach their full potential and actively engages with local communities to assist their families.
Before joining Gibson Dunn, Anne was a research scientist developing new diagnostic tools and tests. She earned a Bachelor of Science degree in chemistry with high honors from University of California, Berkeley and a doctorate degree in chemistry from California Institute of Technology. Her thesis work involved protein engineering, synthetic biology, and the development of microfluidic devices for these studies.
Representative Patent Litigation Matters
- Representing a global pharmaceutical company against multiple generic defendants enforcing patents covering targeted molecular therapies for acute myeloid leukemia and advanced systemic mastocytosis.
- Defended a global diagnostic company where plaintiff alleged trade secret misappropriation, patent ownership, and inventorship of patents covering liquid biopsies for cancers.
- Defended a global diagnostic company where plaintiff alleged infringement of a patent covering prenatal cell-free DNA testing.
- Defended and obtained summary judgment in favor of our client (global pharmaceutical company) in which the Court found that the plaintiff was estopped from correcting inventorship and/or claiming ownership of our client’s patents on a low-dose treatment using a small peptide drug.
- Represented a global pharmaceutical company in patent infringement litigation and inter partes reviews of patents covering protein vaccines and vaccination protocols.
- Member of a trial team for a global pharmaceutical company in a consolidated Hatch-Waxman case on a patent covering a lower dose formulation and obtained judgment that the asserted patent claims were not invalid and were infringed, which was affirmed by the Federal Circuit.
- Defended a leading global company in laboratory technology platforms and services where plaintiff alleged infringement of patents covering mass spectrometers and methods of use.
Representative Antitrust-Pharma Litigation Matters
- Defended our client (global pharmaceutical company) in a federal antitrust litigation where plaintiffs alleged Walker Process fraud, sham patent litigation, and sham citizen’s petitions concerning a complex peptide formulation.
- Defended our client (global pharmaceutical company) in a federal antitrust litigation where plaintiffs alleged an unlawful reverse payment settlement agreement to delay generic competition concerning a cholesterol-lowering drug.
- Defended for our client (global pharmaceutical company) in a federal antitrust litigation where plaintiffs alleged Sherman Act Section 1 claims, sham patent litigation, product-hopping, and Walker Process fraud concerning a higher dose formulation.
- Member of a trial team for a French multinational pharmaceutical company that obtained dismissal of a federal False Claims Act case in which the underlying patent-at-issue involved a biologic Lovenox, which was affirmed by the Ninth Circuit.
Amy R. Forbes is a partner in the Los Angeles office of Gibson, Dunn & Crutcher. Ms. Forbes has spent her entire legal career at Gibson, Dunn & Crutcher, and has previously served as co-chair of the firm’s Land Use Practice Group, on the firm’s Executive Committee and as the co-partner in charge of the Los Angeles office. Ms. Forbes’ practice is concentrated on land use planning issues, including zoning, planning, the California Environmental Quality Act, and municipal law. The primary focus of her land use practice is at the administrative level, including the negotiation of agreements with local governments and public agencies, the supervision of the preparation of environmental documentation, the processing of entitlements through public hearings and community meetings and other administrative proceedings, as well as legal issues associated with project development and construction.
During a one-year leave of absence from the firm in 1988-89, she had the honor and opportunity to work on land use planning issues at the Crown Property Bureau, the agency of the Thai government which manages the King of Thailand’s property, under a Luce Foundation Fellowship.
Ms. Forbes graduated with a degree in Civil Engineering from Princeton University in 1980 (earning a certification in the transportation program) and from the University of Southern California School of Law in 1984, where she was a member of the Order of the Coif. In 2016, The Daily Journal featured her as an honoree in its 2016 ‘California Lawyer Attorney of the Year’ awards for her work leading the Gibson Dunn team that developed a successful strategy to secure approval of an NFL-ready stadium in under eight weeks. In 2017 she was named “Real Estate Attorney of the Year” as part of Los Angeles Business Journal’s Leaders in Law awards. The Daily Journal has also named her as one of “California’s Top 50 Development Lawyers” as well as one of the “Top Women Lawyers” in 2017 and she was featured in the Los Angeles Business Journal’s “Angelenos to Know in Real Estate Law” in July, 2013. Most recently, Best Lawyers named Ms. Forbes Los Angeles Real Estate Lawyer of the Year for 2022. Additionally, she was named Land Use & Zoning Law Lawyer of the Year in 2012. She has been listed in the Legal 500, as Tier 1 lawyer, and editions of The Best Lawyers in America® since 2010. Ms. Forbes has been ranked in Chambers USA since 2006, and is currently a Tier 1 lawyer, the highest rank. Since 2005, she has been named a Southern California SuperLawyer.
Ms. Forbes currently serves as President of the Center Theatre Group, having served on the Board since 2006 and provided more than 30 years of pro bono real estate advice and other service to the organization (which operates the Mark Taper Forum and Ahmanson theatres downtown and the Kirk Douglas Theatre in Culver City. From 1990 to 1996, she was on the Board of Directors of the Los Angeles Conservancy, the largest local preservation organization in the country, serving as president of the organization from 1993-1996. She has also served on the Board of the USC School of Architecture Guild and the Los Angeles Free Clinic. She is a member of the American College of Real Estate Lawyers.
Representative Matters:
- Lead counsel in the successful master planning/redevelopment of Hollywood Park racetrack by Hollywood Park Land Company, including the addition of an 80,000 seat NFL stadium (home of the Rams and the Chargers) and 6,000 seat performance venue, using a unique voter-sponsored initiative. The proposed project also consists of the redevelopment an almost 300-acre site and the construction of approximately 2,500 to 2,995 dwelling units, 890,000 square feet of retail, 780,000 square feet of office/commercial space, 4-acre civic site, and a 300-room hotel with approximately 25 acres of publicly accessible parks and open space.
- Land use counsel to El Toro/Heritage Fields, the venture undertaking the redevelopment of the El Toro air base (a multi-billion dollar, mixed use development) in Irvine, California.
- Lead project counsel for The Berggruen Institute’s innovative campus designed to house its educational programs, fellowships, scholars, and administration. It is proposed to be located on a 450-acre site in the Santa Monica mountains in the western part of Los Angeles, near the Getty Museum.
- Representing the NBA L.A. Clippers team owner Steve Ballmer in the $400 million purchase of The Forum in the City of Inglewood, California from Madison Square Garden Entertainment Corp.
- Counsel to Murphy’s Bowl, the developer of the new Inglewood Basketball and Entertainment Center (IBEC) in Inglewood, California. proposed as the new home for the Los Angeles Clippers, anticipated to open in 2024
- Represented Madison Square Garden in their acquisition and renovation of the Forum in Inglewood, including the successful conclusion of negotiations for an $18 million subsidy from the City of Inglewood, and permitting in connection with its more than $50 million renovation as a premier concert venue.
- Pro bono counsel to Grand Hope Park, which ground leases and operates a 2.5-acre park in Downtown Los Angeles, and assisting the non-profit’s efforts to assert claims arising from the elimination of redevelopment agencies in California. Successfully negotiated settlement of litigation leading to more than a million dollars of compensation to the non-profit.
Adam Jantzi is an associate in the New York office of Gibson, Dunn & Crutcher. He is a member of the firm’s Litigation Practice.
Adam earned his Juris Doctor from the University of Virginia School of Law in 2010, where he was on the editorial board of the Virginia Sports & Entertainment Law Journal. He also earned his Master of Arts degree in Legal and Constitutional History from the University of Virginia in 2010. Adam graduated with highest distinction from the University of Virginia in 2007, earning a Bachelor of Arts with a double major in History and Political Philosophy, Policy & Law.
He is admitted to practice law in the State of New York.
Amanda C. Machin is of counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher, where she currently practices in the firm’s Litigation and Labor & Employment Departments.
She has represented clients in federal, state, arbitral, and administrative proceedings, and at both the appellate and trial court levels. Amanda has represented clients in a wide range of employment matters, including those involving trade secrets, executive employment disputes, regulatory compliance, immigration, and wage-and-hour and discrimination laws. She has also counseled clients on workplace safety issues and represented clients who have been investigated and/or cited by the Occupational Safety and Health Administration.
Amanda also counsels clients in product safety matters, particularly those involving the Consumer Product Safety Commission (“CPSC”). She represented a product manufacturer in first-of-its-kind litigation challenging the CPSC’s decision to publish a product safety report on its Saferproducts.gov website.
She has been recognized in Best Lawyers: Ones to Watch® in America for Labor and Employment Law – Management (2024), and Mass Tort Litigation / Class Actions – Defendants (2023-2024).
She joined the firm in 2011. Amanda received her law degree from Yale Law School, where she served as articles and essays editor for the Yale Law & Policy Review and Student Director of the Legal Services for Immigrant Communities Clinic. She also served as president of Yale University’s Graduate and Professional Student Senate.