Scott Campbell is Of Counsel in Gibson Dunn’s Denver office. His practice focuses on taking complex commercial cases to trial. Although Scott has successfully litigated, arbitrated, and mediated cases involving a wide variety of claims under state and federal law, he has particular experience representing plaintiffs and defendants in disputes involving real estate, intellectual property, and securities.

Real Estate Disputes. Scott regularly represents real estate owners and developers in property-related disputes. Recent examples include:

  • Representing commercial developer in dispute with owner over several hundred million dollar construction contract.
  • Representing real estate owner in dispute with commercial tenant over violations of multi-year lease.
  • Representing real estate owner/developer in breach of contract dispute with joint venture partner.
  • Representing real estate owner/developer in multi-million dollar dispute with residential owners.

Intellectual Property/License Disputes. Scott also frequently represents licensors and licensees of intellectual property in disputes over license agreements. For example, he has recently played a leading role in:

  • Representing multi-billion dollar investment advisor in dispute with licensee over breach of license agreement related to investment strategy.
  • Representing hedge fund in dispute with licensor over breach of license agreement/misappropriation of trade secrets related to investment strategy.
  • Representing publicly-traded hemp company in breach of license agreement dispute with licensee.
  • Representing investor/director in dispute over computer hardware/software intellectual property development agreement.
  • Representing licensee in dispute with publicly-traded company in the oil and gas industry.

Securities Disputes. Scott also represents individuals and entities in connection with securities litigation and SEC investigations. Most recently, his representative matters include:

  • Representation of Special Litigation Committee for public company investigating alleged securities violations.
  • Representation of publicly traded for-profit education company targeted in an investigation by the U.S. Securities and Exchange Commission.

Scott also has an active pro bono practice. Among other deserving clients, he represents individuals who were deprived of their First Amendment rights to practice their religion while incarcerated. He also works with the Innocence Project to identify prisoners who were wrongfully convicted, and previously worked with the Clemency Project, seeking clemency for federal prisoners serving excessive sentences for drug-related offenses. Scott was also a member of the team that received the firm’s 2012 Frank Wheat Memorial Pro Bono Award for its work with Lawyers Without Borders providing anti-corruption training in Kenya.

While seconded to the Denver City Attorney’s Office, he tried more than twenty criminal cases to verdict.

In addition to his legal practice, Scott has served on the Colorado Symphony’s Corporate Committee and the Colorado Legal Aid Foundation’s Associates Advisory Board. He is a former member of the firm’s Associates Committee, and a member of the Denver office’s Diversity Committee.

Scott earned his law degree, with distinction, from Stanford Law School in 2009. He also holds a master’s degree in political philosophy from the University of Colorado and graduated summa cum laude from the University of Utah with degrees in political science and philosophy.

He is admitted to practice law in the State of Colorado, the U.S. District Court for the District of Colorado, and the U.S. Court of Appeals for the Tenth Circuit.

Sara Ciccolari-Micaldi is an associate in the Los Angeles office of Gibson, Dunn & Crutcher, and she currently practices in the firm’s Litigation Department.

Sara graduated cum laude from New York University School of Law in 2016. While at NYU, she was a member of the New York University Law Review and served as a teaching assistant in torts. Sara also participated in the Southern District of New York Prosecution Clinic. She holds a Bachelor of Arts degree in political science from the University of Oklahoma, where she graduated summa cum laude and was admitted as a member of the Phi Beta Kappa Society, in 2013.

Sara is admitted to practice law in the State of California.

Patricia Mercedes Herold is an associate based in Gibson Dunn’s Denver office. Patty joined the Firm’s Pro Bono team in 2021, as a full time Pro Bono Associate. Previously, she practiced for seven years in the Firm’s Litigation Department, focusing on white collar criminal defense, internal investigations, and compliance matters.

Patty, a native Spanish speaker, has a broad range of pro bono experience, including significant experience in immigration-related pro bono matters. She has represented individuals seeking asylum, Special Immigrant Juvenile Status (“SIJS”), U- and T-visas, and other forms of immigration relief. In addition, she represented a family that was wrongfully detained and denied entry after the 2017 Muslim travel ban and assisted families separated by the 2018 “Zero Tolerance” policy—including representing parents seeking reunification with their children and, later, representing families pursuing Federal Tort Claims Act (“FTCA”) claims against the federal government.

In 2016, the Capital Area Immigrants’ Rights (“CAIR”) Coalition named Patty to its Pro Bono Honor Roll in recognition of her work on behalf of a young victim of human trafficking. This award is given annually to pro bono attorneys who demonstrate an extraordinary commitment to access to justice for their clients. She also received Gibson Dunn’s 2017 and 2018 Frank Wheat Team Award, given annually to lawyers who have demonstrated leadership and initiative in their pro bono work and obtained significant results for their pro bono clients.

Patty received her law degree from the University of Chicago Law School in 2014. At the University of Chicago, she served as President of the Latino/a Law Students Association and worked with the Young Center for Immigrant Children’s Rights, volunteering as a Child Advocate for unaccompanied immigrant children. In 2010, Patty graduated cum laude from Davidson College, where she earned a degree in political science with a minor in Spanish. Before attending law school, she taught English in a bilingual elementary school in Madrid, Spain.

Patty is admitted to practice in Colorado, Maryland, and the District of Columbia. She is a member of the Firm’s Pro Bono Committee and the Denver Diversity Committee, and is active in the Colorado Hispanic Bar Association and the Hispanic National Bar Association.

 

Mitchell A. Karlan is a litigation partner in Gibson, Dunn & Crutcher’s New York office. He has more than 30 years of experience in major, complex commercial litigation, with significant concentration in the areas of mergers and acquisitions, corporate control disputes, directors’ fiduciary duties, federal securities law, shareholder derivative actions, bankruptcy litigation, and domestic and international arbitration.

Mr. Karlan has tried numerous jury and nonjury cases in federal and state courts. He has represented broker dealers and issuers in securities class actions.  He has defended and prosecuted numerous shareholder derivative cases in Delaware and elsewhere involving alleged breaches of fiduciary duties.

He has represented special committees of boards of directors of corporations in connection with takeover disputes and derivative actions, and he has led special investigations on behalf of boards. He has litigated post-acquisition disputes involving post-closing adjustment clauses and alleged breaches of representations and warranties. He has spoken at Practising Law Institute panels on the duties of members of a board of directors.

From October 2002 through December 2002, on behalf of Gibson Dunn, Mr. Karlan was acting Assistant General Counsel in charge of litigation worldwide for Tyco International, where he was responsible for overseeing and supervising all pending litigation.

In addition to his representation of Tyco in its litigation against its former management, Mr. Karlan served as counsel in some of the highest-profile litigation in the country, such as the Refco bankruptcy, Enron, Solyndra, Lehman Brothers and the “IPO Laddering” cases.

Mr. Karlan also has substantial experience in hostile takeover litigation, including the representation of Unocal in its successful takeover defense against T. Boone Pickens, and the representation of Merv Griffin in his defeat of Donald Trump in the fight for Resorts International. In addition, Mr. Karlan was lead counsel in the successful defense of cases seeking to enjoin the IPO of UPS, which was then the largest IPO in history.

Mr. Karlan has extensive experience representing debtors, creditors and prospective acquirers in bankruptcy cases. He has tried fraudulent conveyance cases, contested plan confirmations, and break-up fee disputes. He has argued several of the leading bankruptcy decisions in the nation’s Courts of Appeals, including S.N. Phelps & Co. v. Circle K Corp., 242 F.3d 380 (9th Cir. 2000); Manus Corp. v. NRG Energy, Inc., 188 F.3d 116 (3d Cir. 1999); Calpine Corp. v. O’Brien Environmental Energy, Inc., 181 F.3d 527 (3d Cir. 1999); Lowenschuss v. Resorts Int’l, Inc., 181 F.3d 505 (3d Cir. 1999); Resorts Int’l v. Lowenschuss, 67 F.3d 1394 (9th Cir. 1995); Shawmut Bank v. First Fidelity, 38 F.3d 86 (2d Cir. 1994); and C-T of Virginia, Inc. v. Euroshoe Assoc. Ltd., 953 F.2d 637 (4th Cir. 1992).

Mr. Karlan has represented several foreign clients in federal litigation and in international arbitration. His clients have included both private corporations (domestic and foreign) and agencies and instrumentalities of South American and European governments.

A highly successful plaintiffs’ lawyer, Mr. Karlan has won several multimillion-dollar judgments and settlements including one against the RTC arising out of the S&L scandals, in which Mr. Karlan’s clients, holders of bonds issued by banks seized by the government, received settlements of over $500 million. He also obtained a verdict of $82 million after trial of a RICO claim involving insurance fraud.

Mr. Karlan has been recognized since 2013 by The Best Lawyers in America® as a leading attorney in Commercial Litigation, and Bankruptcy and Creditor Debtor Rights.  He was also named to Benchmark Litigation’s “Top 100 Trial Lawyers” list, and a “Litigation Star” nationally in Commercial and White-Collar Crime, and in New York. In March 2020, The Am Law Litigation Daily named Mr. Karlan as “Litigator of the Week” for obtaining a successful jury verdict on behalf of a Fortune 250 company. Mr. Karlan was also named a 2020 “Winning Litigator” by The National Law Journal for this trial victory. In 2004 he was awarded the Thurgood Marshall Award by the Albany Branch of the NAACP for his work on the high-profile “Albany redistricting case,” for which Mr. Karlan was pivotal in obtaining a federal injunction stopping the redistricting plan and having revised lines drawn and special elections ordered.

Mr. Karlan has argued in the highest courts of three states, and has appeared in state and federal courts in 27 states. He is a member of the bars of the United States Supreme Court and of the Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Tenth, Eleventh and D.C. Circuits. He is a member of the Board of Directors of Volunteer Lawyers for the Arts. He is a former member of the Board of Trustees of the Lawyers’ Committee for Civil Rights Under Law and of the New York Board of Directors of the Anti-Defamation League. He graduated from Columbia University School of Law in 1979 where he was a Harlan Fiske Stone Scholar. Mr. Karlan has served on the Board of Directors of New York Lawyers for the Public Interest and on the Media Law Committee of the Bar Association at the City of New York. He is admitted to the New York and Washington, D.C. Bars.

Martin Hewett is a partner in Gibson Dunn’s Washington, DC office and serves as the firm’s Deputy General Counsel.

Prior to joining Gibson Dunn in 2011, Martin was an associate at Davis Polk & Wardwell LLP. From 2009-2010, Martin served as a law clerk to the Honorable Thomas L. Ambro of the United States Court of Appeals for the Third Circuit. From 2008-2009, Martin served as a law clerk to the Honorable Paul S. Diamond of the United States District Court for the Eastern District of Pennsylvania. Martin received his law degree magna cum laude from Georgetown University Law Center in 2007, where he was an Executive Notes Editor for The Georgetown Law Journal. In 2004, Martin earned a Bachelor of Arts from the University of Richmond, where he was elected to Phi Beta Kappa.

Martin is a member of the District of Columbia and New York bars, and also is admitted to practice before the United States Court of Appeals for the Third Circuit and the U.S. District Court for the District of Columbia.

​Minae Yu is an associate in the Los Angeles office of Gibson, Dunn & Crutcher. She currently practices with the firm’s Litigation Department.

Minae received her Juris Doctor degree cum laude in 2009 from Georgetown University Law Center, where she served as an Annual Survey Editor of the American Criminal Law Review. While at Georgetown, Minae earned a Certificate of Concentration in World Trade Organization, focusing on the Agreement on Trade Related Aspects of Intellectual Property Rights. She also worked for a Member of Congress and interned at the Enforcement Bureau of the Federal Communications Commission. Minae received her Bachelor of Arts degree in 2002 from the University of California, Berkeley, with a double major in Molecular Cell Biology and Psychology.

She is admitted to practice law in the State of California. Minae is a native speaker of Korean.

​Lindsey R. Geher is a litigation associate in the Los Angeles office of Gibson, Dunn & Crutcher.

She earned her Juris Doctor in 2016 from Columbia Law School, where she was a James Kent Scholar and a member of the Columbia Journal of Law and the Arts. Lindsey graduated as a member of Phi Beta Kappa from Stanford University in 2013 with a Bachelor of Arts degree in Economics and a Minor in Communications.

Lindsey is admitted to practice in the State of New York and California.

Michael Brian Dougherty is Of Counsel in the Denver office of Gibson, Dunn & Crutcher, where his practice focuses primarily on commercial real estate finance and development.

Michael has experience representing institutional lenders, investors and major developers in the origination and restructuring of mortgage and mezzanine loans for the acquisition, construction and refinancing of hotels, shopping centers, office buildings, multi-family housing complexes, raw land and mixed-use projects located throughout the United States.

He received his Juris Doctor in 2010 from Boston College, where he served as the President of the Environmental Law Society. He also received his Bachelor of Science magna cum laude from Rutgers University in 2007.

Michael is admitted to practice in the States of New York, New Jersey and Colorado.

​Keith Tagliavia is of counsel in the New York office of Gibson, Dunn & Crutcher, and a member of Gibson Dunn’s Real Estate Practice Group.

He advises foreign and domestic investment banks, institutional lenders, financial institutions and private equity firms in all aspects of real estate and complex structured finance transactions, including originations of complex mortgage and mezzanine loans structured to comply with securities regulations and rating agency criteria for securitization transactions; multi-tier mezzanine loans; intercreditor and co-lender arrangements, loan syndications, participations and other acquisitions and dispositions of real property interests; restructurings, workouts, bankruptcies and sales of REO properties; partnerships and joint ventures; leasing and ground leasing; and various project finance and other corporate transactions.

Prior to joining Gibson Dunn, Keith was an associate in the New York office of several preeminent law firms.

He earned his Juris Doctor with honors in 2003 from St. John’s University School of Law where he was an Articles and Notes Editor of St. John’s Law Review. He received his Bachelor of Arts degree with honors from St. John’s University in 1999.

Select Representative Transactions*

  • Financial Institution: Represented a financial institution in a $60 million construction loan with respect to the construction of a hotel located in Los Angeles, California.
  • Financial Institution: Represented a financial  institution in a $103.95 million mortgage loan with respect to the acquisition of properties located in New York, Ohio and Georgia.
  • Real Estate Management Firm: Represented a real estate management firm in a $150 million EB-5 financing with respect to the development of a mixed-use project located in San Francisco, California.
  • Financial Institution: Represented a financial institution in a workout and restructuring (and related debt-for-equity swap) of a $2.78 billion mortgage loan with respect to a resort property located in the Bahamas.
  • Private Equity Fund: Represented a private equity debt fund in a workout and restructuring and potential foreclosure of a $220 million mezzanine loan with respect to a leisure property portfolio.
  • Financial Institution: Represented a German financial institution in a workout and restructuring (and related bankruptcy and litigation) of a $280 million mortgage loan senior to a $195 million junior loan with respect to a mixed-use property in Las Vegas, Nevada.
  • Financial Institution: Represented a German financial institution in a workout and restructuring of a $625 million loan with respect to a development property in Las Vegas, Nevada.
  • Financial Institutions: Represented various financial institutions in a workout and restructuring of a $363 million loan with respect to nineteen commercial office properties located in Southern California and Arizona
  • Financial Institution: Represented a Canadian financial institution in a $225 mezzanine loan (portion of an aggregate $1.650 billion financing) with respect to the refinancing of a resort property located in the Bahamas.
  • Investment Bank: Represented an investment bank in a $250 million mortgage loan with respect to an office building located in New York, New York.
  • Financial Institution:  Represented a Canadian financial institution in the purchase of $175 million of a $250 million construction loan with respect to the development of an office complex located in New York, New York.
  • Real Estate Fund: Represented a real estate fund in a $291.7 million mortgage loan, $80 million senior mezzanine loan and $133.3 million junior mezzanine loan, and subsequent loan restructuring and sale of the senior mezzanine loan, with respect to the acquisition (and predevelopment) of a luxury hotel located in New York, New York.
  • Investment Bank: Represented an investment bank in a $70.2 million mortgage loan with respect to the acquisition of an office building located in Cupertino, California.
  • Insurance Companies:  Represented various insurance companies in a $850 million financing of commercial properties located in California and Texas.
  • Financial Institution: Represented a German financial institution in a $300 million financing of a 2,000,000 square foot commercial office and retail building located in New York, New York.
  • Investment Bank: Represented an investment bank in a $500 million fee and leasehold mortgage loan with respect to financing the acquisition of a shopping mall located in Westchester County, New York.
  • Real Estate Fund: Represented a real estate fund in its joint venture, preferred equity contribution and $67 million mortgage financing with respect to a retail shopping center located in Vacaville, California.
  • Financial Institution: Represented a financial institution in a modification of a $1.36 billion mortgage loan with respect to a hotel and casino located in Las Vegas, Nevada.
  • Landlord: Represented the landlord in a long-term ground lease, predevelopment agreement and equity option agreement with the purpose of constructing a 350,000 square foot commercial office building located in New York, New York.
  • Landlord: Represented the landlord in a long-term ground lease and a $70 million financing of a 500,000 square foot commercial office building located in New York, New York, and thereafter, the related defeasance and property sale.
  • Financial Institution: Represented a financial institution in its acquisition, joint venture and financing of a residential complex located in Moscow, Russia.

*Several representations occurred prior to Keith joining Gibson, Dunn & Crutcher.

Jeffrey T. Thomas, a partner in the Orange County office of Gibson, Dunn & Crutcher, joined the firm in 1983. A member of the firm’s Litigation Department and its IP and Antitrust and Competition Practice Groups, Mr. Thomas has extensive experience in intellectual property, antitrust, unfair competition and general commercial litigation.

Mr. Thomas, a fellow in the American College of Trial Lawyers, is an experienced trial lawyer who has successfully handled numerous significant intellectual property and complex business cases. He has represented major clients of the firm in patent and trade secret litigation, including trials that resulted in verdicts in favor of the firm’s clients. He is a co-author of Ross, Intellectual Property Law, Damages and Remedies (Law Journal Press, 2000). Mr. Thomas is one of the founding masters of the Orange County IP inn of court. He has also successfully represented clients of the firm in antitrust, breach of contract and business tort cases. He recently served as lead trial counsel for Hewlett-Packard Co. in a significant matter against Oracle Corp. in which HP achieved a complete victory after trial.

Mr. Thomas has twice been named by the Daily Journal as one of the Top 100 Lawyers in California. The Daily Journal has also named him one of the top 75 intellectual property litigators. The Best Lawyers in America has named Mr. Thomas as one of the top lawyers in Southern California every since 2009. Los Angeles Magazine has repeatedly recognized him as one of the top 50 lawyers in Orange County and LMG Life Sciences has repeatedly recognized Mr. Thomas as a “Life Science Star”. In 2016, the National Law Journal named Mr. Thomas as one of the top five trial lawyers in the U.S.  Also, in 2016, Law360 selected him as its “MVP” for the year in the trial category.

Mr. Thomas received a Bachelor of Arts degree in political science from the University of California at San Diego in 1979. He graduated magna cum laude in 1982 with a law degree from the University of San Diego School of Law, where he served as Comments Editor of the San Diego Law Review. Prior to joining Gibson, Dunn & Crutcher, Mr. Thomas served as a law clerk to the Honorable Gerald Brown, Presiding Justice of the California Court of Appeal, Fourth District, from 1982 to 1983.

Mr. Thomas is a member of the Board of Visitors of the University of San Diego School of Law and was the 2007-08 President of the School’s Alumni Board of Directors. He has served as a member of the Board of Directors of the Orange County Business Council and is a current Board member of the Federal Bar Association-Orange County Chapter. Mr. Thomas is one of the founders of the Bench and Bar Society of the United Way of Orange County, which encourages charitable giving by attorneys in the County, and he is a member of the Advisory Board of Court Appointed Special Advocates, Orange County Chapter. He is admitted to practice in several federal district courts and circuits, including the Federal Circuit.

The following is a representative sample of Mr. Thomas’ cases.

Intellectual Property

  • Miotox v. Allergan. This was a dispute over interpretation of a patent license agreement in which plaintiff claimed it was entitled to $600 million in additional royalties based on its interpretation of the agreement. Summary judgment was entered in favor of Allergan, our client, pursuant to which the Court accepted Allergan’s interpretation of the agreement and dismissed plaintiff’s claim for the additional royalties.
  • Ferring v. Allergan. This was a patent inventorship case, in which plaintiff claimed inventorship of patents belonging to our client, Allergan, should be corrected to show plaintiff’s employees should be made the sole inventors of the patents. Summary judgment was entered in favor of Allergan, with the Court finding there should be no correction of inventorship of the patents in suit.
  • Allergan, Inc. v. Sandoz, Lupin, Hi-Tech and Watson. This action is a consolidated Hatch-Waxman case in which our client, Allergan, Inc., asserted that defendant generic drug companies had infringed Allergan’s patents by filing Abbreviated New Drug Applications seeking FDA approval of a generic version of Allergan’s Lumigan 0.01% product.  A five-day bench trial was held in July 2013, and in January 2014, the Court issued an opinion finding the asserted patent claims to be valid and infringed by the ANDAs.  Defendants’ appeal to the Federal Circuit is pending.
  • Allergan, Inc. v Athena Cosmetics. The Central District of California handed significant, consecutive victories to our client, Allergan, Inc., in its long-standing dispute with entities selling illegal and infringing eyelash growth drugs in direct competition with Allergan’s FDA-approved drug, Latisse.  First, on March 5, 2013, the Court granted Allergan’s motion for summary judgment as to infringement against Cosmetic Alchemy LCC, holding that Cosmetic Alchemy infringes Allergan’s U.S. Patent No. 6,262,105 through the marketing and sale of its product, LiLash.  Second, on March 6, 2013, the Court granted Allergan’s motion for permanent injunctions against Cosmetic Alchemy and its co-defendant, Athena Cosmetics, Inc., pursuant to California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq. (the “UCL”).  Among other things, the Court’s injunctions prohibit Cosmetic Alchemy and Athena from advertising and selling their products, which are illegal drugs under California and federal law.  The injunctions are supported by the Court’s previous summary judgment rulings against Cosmetic Alchemy and Athena on Allergan’s UCL claim.  Allergan settled its claims against Cosmetic Alchemy following the Court’s rulings.  Allergan also dismissed its remaining infringement and false advertising claims against Athena without prejudice following a separate agreement between the parties.  Athena appealed the Court’s rulings against it on Allergan’s UCL claim to the Federal Circuit, and those rulings were affirmed in December 2013.  The permanent injunction was affirmed in part, with the Federal Circuit instructing the district court on remand to geographically narrow the injunction’s scope.  Athena is filing a writ of certiorari on the UCL claim to the U.S. Supreme Court.
  • Allergan, Inc. and Duke University v. Apotex, Sandoz, and Hi-Tech. These consolidated Hatch-Waxman cases concern two patents covering Latisse®, our client Allergan, Inc.’s drug for treating hypotrichosis of the eyelashes. Latisse® is protected by a U.S. patent owned by Duke University and licensed to Allergan, and by another patent owned by Allergan.  Allergan holds the New Drug Application for Latisse®, which has been approved by the FDA.  Defendants sought to make and sell generic versions of Latisse® without going through the clinical trial process by filing Abbreviated New Drug Applications with the FDA, as allowed by the Hatch-Waxman Act.  Plaintiffs (Allergan and Duke) initiated lawsuits alleging that defendants infringed their patents, and defendants countersued.  After a November 2012 bench trial, the Court on January 24, 2013, issued an opinion in favor of plaintiffs, finding that plaintiffs had proven infringement and that defendants had not proven their defenses.  Defendants appealed to the Federal Circuit on February 19, 2013.  The case was argued in February 2014, and is now under submission.
  • Allergan, Inc. v. Barr Laboratories. This was a Hatch-Waxman case in which the plaintiff (represented by Mr. Thomas) asserted that the defendant generic drug companies had infringed plaintiff’s patents by filing an Abbreviated New Drug Application seeking FDA approval of a generic version of one of plaintiff’s pharmaceutical products.  Following a one-week trial in the District of Delaware, the Court ruled entirely in plaintiff’s favor, finding the patents at issue to be valid and infringed by defendants.  As a result, the defendants will not be allowed to launch generic versions of the product in question until the pertinent patents expire.  Defendants appealed to the Federal Circuit, and an opinion affirming the District Court’s ruling issued on January 28, 2013.
  • Allergan Medical Optics v. Staar Surgical Co. Patent infringement action in which the client was the patentee plaintiff.  Mr. Thomas successfully tried the case to a jury, which rendered a verdict in the client’s favor.
  • Callaway Golf Co. v. Dunlop Slazenger Group Americas, Inc., dba Maxfli. Trade secret misappropriation and false advertising case that Mr. Thomas successfully tried to a jury, which returned a verdict in the client’s favor.
  • BHGV, LLC v. Inamed, Inc. and Allergan, Inc. Dispute over technology license agreement, including the amount of royalties due and whether the agreement had been terminated.  Our client, the defendant, asserted the agreement had been terminated, while plaintiff asserted $30 million in royalties were due and payable.  After a one-week arbitration, the arbitrator ruled in our client’s favor, finding the client did have the right to terminate the agreement.
  • American Bioscience v. Florida State University. Action involving infringement, validity and ownership of a patent.  Following a bench trial, a judgment was entered in the client’s favor, which was subsequently affirmed in part and reversed in part by the Federal Circuit.
  • McKesson Information Solutions, Inc. v. TriZetto, Inc. Patent infringement action in which our client was the accused infringer.  Summary judgment of noninfringement was obtained for our client on 15 of the 17 asserted claims.  A summary judgment motion based on invalidity was then filed as to the two remaining claims, at which point the plaintiff agreed to settle and grant our client a license.
  • MacLeod v. Hewlett-Packard Co. Patent infringement action in which our client was the accused infringer.  Action was settled on terms extremely favorable to the client.
  • Fleetwood Enterprises v. The Coleman Company. Dispute over whether our client, the plaintiff, had the right to preclude defendant from using certain trademarks licensed under an agreement between the parties.  A one-week bench trial was held.  While the matter was under submission following trial, a settlement was reached.
  • Staar Surgical Company v. Microtech, Inc. Action involving ownership of a patent.  Summary judgment granted in favor of the client and subsequently affirmed by the Ninth Circuit.
  • Allergan, Inc. v. Pharmacia. Patent infringement action in which the client was the plaintiff patentee.  Action settled shortly before trial, pursuant to which defendant agreed to pay substantial royalties to the client.
  • Allergan, Inc. v. Bausch & Lomb. Patent infringement action in which the client was the plaintiff patentee.  Action was settled favorably for the client.
  • Pharmacia v. Allergan, Inc. Patent infringement action in which the client was the defendant and alleged infringer.  Action settled one day before trial, pursuant to which the client received a license to the patent-in-suit.
  • OMNI Products, Inc. v. American Concrete Products Co. Patent infringement action in which the client was the plaintiff patentee.  Settlement agreement reached, pursuant to which defendant agreed to pay royalties to the client.
  • Lobob Laboratories, Inc. v. Allergan, Inc. Patent infringement action in which the client was the defendant and alleged infringer.  Shortly before trial, plaintiff agreed to dismiss its claims.
  • Perfect Putter Co. v. Callaway Golf Co. Patent and trade secrets action in which the client was the defendant.  Action settled pursuant to an agreement under which the client acquired all rights to the patents-in-suit for a small fraction of the amount sought by plaintiff.

Complex Business Litigation

  • Hewlett-Packard Co. v. Oracle Corp. HP, represented by Gibson Dunn, claimed Oracle had breached a contract that required it to continue offering its software to HP customers who are using HP servers and the Oracle software.  Oracle claimed it had no such obligation, and publicly announced it would no longer make new versions of its software available to those HP customers.  HP also asserted that Oracle was obligated under the doctrine of promissory estoppel to continue to offer the software to the customers.  After a three-week bench trial, in which Mr. Thomas served as first chair, the Court ruled entirely in HP’s favor, finding that the contract in question requires precisely what HP contended and ruling in HP’s favor on its promissory estoppel claim.
  • In May and June of 2016, there was a second trial on the issues of Oracle’s breach of the contract, HP’s damages and Oracle’s counterclaims against HP. This was a five-week jury trial, at which Mr. Thomas again served as lead trial counsel for HP.  That trial resulted in a unanimous jury verdict in favor of HP, with the jury awarding HP over $3 billion in damages.  The amount awarded was exactly 100% of the damages HP sought.  The jury also unanimously rejected Oracle’s counterclaims.  This case produced one of the largest jury awards in the history of American jurisprudence.
  • Lewis Operating Co. v. Chino Valley Unified School District. This was a breach of contract case in which the plaintiff (represented by Mr. Thomas) asserted that the defendant had breached a contract by refusing to open a school that had been funded by plaintiff and which was intended to service plaintiff’s residential development.  Following a two-week arbitration trial, the arbitrator (the Hon. Lourdes Baird) ruled entirely in favor of plaintiff, granting all relief sought and awarding plaintiff 100% of the legal fees it incurred in connection with the action.
  • Tracker Marine Co. v. Fleetwood Enterprises. Breach of contract and fraud action in which the client was defendant.  Mr. Thomas successfully tried the case, with judgment being entered in the client’s favor.
  • Security Trust Co. v. Union Federal Bank. Breach of contract action, in which plaintiff alleged the client had not honored the payment terms of the agreement.  Mr. Thomas successfully tried the case, with a judgment being entered in the client’s favor.
  • Marblehead v. City of San Clemente. Action in which the client challenged the constitutionality and legality of land use regulations adopted by the defendant City.  Judgment was entered in the client’s favor, which was subsequently affirmed by the California Court of Appeal in a published decision.
  • Lloyd’s of London v. American Sterling Co. Dispute involving coverage and premiums provided for by reinsurance agreements.  Mr. Thomas successfully tried the case, with a judgment being entered in the client’s favor.
  • Underwriters Ins. Co. v. Pro-Guard Int’l. Breach of contract and fraud action, which Mr. Thomas tried to a jury.  The jury returned a verdict that included partial judgment for both parties, and the action subsequently settled.
  • Lewis Homes v. City of La Verne. Action in which the client challenged the legality of the defendant City’s refusal to grant development entitlements.  Mr. Thomas successfully tried the case, pursuant to which the City granted the requested entitlements.
  • Lewis Homes v. Fontana Unified School District. Action in which the client challenged the legality of certain school fees imposed by the defendant.  Action was successfully settled when the defendant reduced the fees in question.
  • Lockheed Martin Co. v. Riverside County Habitat Conservation Agency. Action in which the client challenged the legality and constitutionality of actions taken by the defendant pursuant to the Endangered Species Act.  Case was successfully settled pursuant to which the client’s real property was purchased.
  • John Laing Homes v. Donald T. Sterling. Breach of contract and fraud action.  Case settled one day before trial, pursuant to which client received 100% of the amount demanded.

Unfair Competition

  • Coatings Resource Corp. v. Akzo Coatings. Action filed pursuant to California Business & Professions Code Section 17200, in which plaintiff alleged the client’s pricing practices constituted unfair competition.  Summary judgment was entered in the client’s favor, and was subsequently affirmed by the Ninth Circuit.
  • Fairley v. Fleetwood Enterprises. Class action filed against the client, in which plaintiffs alleged that consumers were given misleading information about the client’s products, including a claim under California Business & Professions Code Section 17200.  Action was successfully mediated and settled.
  • Bothwell, et al. v. Akorn, Inc., et al. Action filed under Business & Professions Code Section 17200, in which plaintiffs allege that the defendants’ labeling was incomplete and inaccurate.  Allergan successfully demurred to the complaint and was dismissed from the action.

Antitrust

  • Northwest Airlines v. American Airlines. Monopolization case in which the plaintiff sought damages from our client in an amount in excess of $1 billion.  Mr. Thomas served on the trial team that successfully tried the case to a jury, which returned a defense verdict in the client’s favor.
  • In re LTL Shipping Services Antitrust Litigation. This was a multidistrict antitrust action, in which plaintiffs asserted that defendants (one of whom was represented by Mr. Thomas) had conspired to fix certain charges in the cargo-shipping industry.  After extensive briefing and argument, the Court granted defendants’ motion to dismiss with prejudice, thus ending the litigation in favor of defendants.
  • Coatings Resources Corp. v. Akzo Coatings. Predatory pricing and unfair competition action in which the client was the defendant.  The Court entered summary judgment in favor of the client, which was subsequently affirmed by the Ninth Circuit.
  • In re Methionine Antitrust Litigation. Multidistrict class action and multiple “opt-out” direct purchaser actions involving alleged price-fixing and cartel behavior.  Damages against the defendants sought in an amount in excess of $1 billion.  Case was successfully mediated and settled.
  • Clayworth, et al. v. Pfizer, Inc., et al. Cartwright Act case in which plaintiffs allege defendants, including Allergan, Inc., Gibson Dunn’s client, entered into anticompetitive agreements to maintain artificially high prices.  Summary judgment was entered in favor of all defendants and was affirmed on appeal.

Lauren Dansey is an associate in the San Francisco office of Gibson, Dunn & Crutcher.  She practices in the firm’s Litigation Department, focusing on antitrust, class actions, law firm defense and other complex civil litigation.

Lauren has a wide range of experience in several areas of law implicating different industries, legal issues, and factual scenarios. Her specialty is managing complex discovery and assisting as trial counsel. She has played a leading role in all stages of litigation and has been a key team member in multiple trials and final hearings. Lauren regularly represents high-profile clients in the tech industry in a variety of lawsuits and government inquiries on a wide range of issues. She has also represented Am 100 firms in legal malpractice suits.

Recent representative matters include:

  • Represented a professional sports league in a high-profile antitrust lawsuit in the Northern District of California.
  • Represented a leading technology company in high-profile antitrust lawsuit in a three-week bench trial in the Northern District of California in 2021 only nine months after filing. Lead member of discovery team that handled complex e-discovery issues and key member of trial team. Currently representing the company in a related class action.
  • Represented a technology company in responding to various global antitrust investigations, class actions, individual civil suits and criminal complaints.
  • Represented a quick-service restaurant that won denial of class certification a quick-service restaurant and defeated class certification in a first-of-its-kind action challenging “no poach” agreements under the federal antitrust laws
  • Represented a law firm against claims of professional negligence.  Lead associate on defensive discovery efforts, including all responses, document productions, and meet and confers, and managing multiple fact witness and expert workstreams.
  • Represented an executive of a Fortune 500 company in a two-week SEC enforcement hearing.
  • Represented a hospital in a two-week civil jury trial in the Northern District of California and successfully defended the jury’s determination in a Ninth Circuit Appeal.

Lauren also maintains an active pro bono practice, including the following matters:

  • Represented Mr. Jones and was one of the lead associates in the firm’s historic jury trial victory over the LAPD in Jones v. City of Los Angeles, in which a federal jury awarded $375,000 in compensatory and punitive damages to Mr. Jones.
  • Represents a homeowner against a receiver and the City of Berkeley regarding the scope and costs of mismanaged repair work.
  • Represents a young woman from Guatemala in removal proceedings, including appearances in state court regarding Special Immigrant Juvenile Status findings.  Lauren received the 2022 Kids In Need of Defense (KIND) Pro Bono award for her work on the matter.

Lauren received her J.D. from University of Michigan Law School in 2016, where she was the Associate Editor of the Michigan Journal of Environmental & Administrative Law, as well as the Michigan Journal of Race & Law. While in law school, Lauren was also a member of the Child Welfare Appellate Clinic and site leader for the Public Benefits Advocacy Project.

She earned her B.A. in Political Science from University of California, Berkeley in 2011. She wrote her senior thesis on Asian economic regionalism. Prior to joining the firm, Lauren taught high school special education in Richmond, California through Teach for America.

Lauren currently serves as the vice chair of the firm’s global Associates Committee.

Lauren is admitted to practice law in the State of California.

James L. Hallowell is a partner in Gibson, Dunn & Crutcher’s New York office.  Mr. Hallowell is a member of Gibson Dunn’s Litigation Practice Group.

Mr. Hallowell has extensive experience in business and commercial litigation matters, with an emphasis on insurance and reinsurance litigation and arbitration, securities litigation, mergers and acquisitions and corporate control litigation, bankruptcy litigation, antitrust and government investigations.

In insurance and reinsurance matters, Mr. Hallowell has represented insurers in various matters.  He defended The Variable Annuity Life Insurance Company (“VALIC”) in breach of contract litigation brought in the West Virginia Business Court Division by two state agencies on behalf of the West Virginia Teachers Retirement System.  Plaintiffs sought $120 million in “lost investment opportunity” damages arising from VALIC’s liquidation of $248 million in annuity funds in five increments over four years instead of immediately on demand. In 2017, VALIC prevailed in an arbitration before three West Virginia Business Court judges. The West Virginia Supreme Court of Appeals unanimously affirmed the result.

Mr. Hallowell filed suit on behalf of life settlement investor Lavastone Capital, an affiliate of AIG, bringing RICO, fraud, breach of contract, breach of fiduciary duty and unjust enrichment claims against Coventry First, LLC and its owners.  The high-profile matter proceeded on a “rocket docket” schedule in the Southern District of New York, culminating in a two month bench trial conducted in September and October 2015 before U.S. District Judge Jed Rakoff.  The parties reached a confidential settlement while the case was under submission.  In February 2017, Benchmark Litigation recognized the Lavastone action as its “Impact Case of the Year.”

Mr. Hallowell also successfully defended American General Life Insurance Company against breach of contract and trade secret claims brought by Bancorp Services, LLC arising from American General’s development of cutting-edge BOLI and COLI products.  The plaintiffs in that action voluntarily dismissed their claims with prejudice as summary judgment loomed.

In corporate control litigation, Mr. Hallowell has represented companies, shareholders, directors and underwriters across a range of industries.  He won a summary judgment victory in the Southern District of New York for Vista Outdoor Inc. arising from an earnout dispute with the founders of stand up paddle board leader Jimmy Styks.  The Court held that through a sham purchase of nearly one million stickers, the founders sought to net themselves “a cool $6 million” earnout from Vista.  But “[t]hanks, however, to the age-old doctrine of good faith and fair dealing, and similar legal protections,” in the end it was the founders who were “stuck.”  The Second Circuit unanimously affirmed.

Mr. Hallowell represented Corvex Management and Related Fund Management in litigation and arbitration regarding their investment in CommonWealth REIT, a multi-billion dollar, publicly traded real estate investment trust.  After a two-week arbitration that resulted in the invalidation of defensive bylaws adopted by CommonWealth, Corvex and Related succeeded in a consent solicitation to remove the entire CommonWealth Board of Trustees, and convinced shareholders to elect a new independent slate of trustees.  Mr. Hallowell’s additional corporate control representations include matters for corporations such as iBasis, Inc. and Tenet Healthcare Corporation, and financial advisors such as Goldman Sachs, UBS, Oppenheimer & Co., Centerview Partners and Moelis & Company.

In bankruptcy and restructuring litigation matters, since 2020 Mr. Hallowell has represented the member insurance companies of a major international insurer in all aspects of the Boy Scouts of America bankruptcy proceedings, including at the bankruptcy court, district court and circuit court levels.  In other recent engagements, he has represented Autopistas Metropolitanas de Puerto Rico in litigation related to the restructuring of the Puerto Rico Highways and Transportation Authority, as well as creditors and other participants in the Akorn Inc., iHeart, PG&E Corporation, and Sears Holdings bankruptcies.

In antitrust matters, Mr. Hallowell previously served as counsel to the Title Insurance Rate Service Association, Inc. (TIRSA), an insurance rating board licensed by the New York State Insurance Department, and to corporations such as Aetna, Intel and Micron.  Mr. Hallowell represented TIRSA in all aspects of its successful defense of class action lawsuits alleging that New York title insurers violated the Sherman Act, the Real Estate Settlement Procedures Act and related state statutes in providing title insurance.  Plaintiffs’ claims were dismissed in New York federal court, and the dismissal was affirmed by the Second Circuit and the United States Supreme Court.

Mr. Hallowell has represented issuers and underwriters in securities class action matters, including Goldman Sachs, J.P. Morgan Chase, Merrill Lynch, FINOVA and Edison Schools.  He has also represented financial institutions, insurers and individuals in government investigations, related criminal prosecutions and private litigation.

Mr. Hallowell volunteers his time to pro bono matters.  In 2020 Mr. Hallowell received the Dedication to Justice award from the Brooklyn Bar Association Volunteer Lawyers Project, a non-profit organization committed to the premise that no New Yorker should be denied access to justice because of poverty.  He is also a member of the Board of Directors of the Fund for Modern Courts, an independent, statewide court reform organization committed to improving the judicial system for all New Yorkers.

Mr. Hallowell received his Juris Doctor from Harvard Law School in 1994.  He earned a Bachelor of Arts in Economics and English from the University of Virginia in 1991.  In 1994 and 1995 he was a law clerk to Chief Judge Thomas P. Griesa in the United States District Court for the Southern District of New York.

Mr. Hallowell is admitted to practice in the State of New York, the Southern District, Eastern District and Northern District Courts of New York, the United States Court of Appeals for the Second Circuit and the United States Supreme Court.  He is a member of the American Bar Association, the Federal Bar Council, the New York State Bar Association and the New York City Bar Association.

Josh Krevitt is widely recognized as one of the leading IP trial lawyers and litigators in the country.  A partner in the New York and Palo Alto offices, Mr. Krevitt is Co-Chair of Gibson Dunn’s Intellectual Property Practice—one of the premier IP practices in the country—and is a member of Gibson Dunn’s Executive Committee.  Mr. Krevitt focuses on intellectual property litigation, chiefly patent litigation and trade secret litigation, as well as complex commercial litigation.

Mr. Krevitt has successfully represented some of the leading technology companies in the world in some of their most important and challenging intellectual property and trade secret matters.  He has represented companies such as AT&T, T-Mobile, Sharp, Dell, EMC, Novo Nordisk, Microsoft, RealNetworks, Viacom, Cablevision, Peloton, Kokusai Electric, Amazon, Fitbit, Napster, Ricoh, MobiTV, Red Hat, Novell and Square in intellectual property litigation matters.

Mr. Krevitt has a long and consistent record of winning complex, high-stakes patent infringement and trade secret misappropriation trials in courts across the country as well as in the U.S. International Trade Commission.  Mr. Krevitt has successfully tried patent and trade secret cases in both jury trials and bench trials, representing both plaintiffs and defendants.  Mr. Krevitt also has argued and successfully handled numerous appeals in the Federal Circuit Court of Appeals.

Mr. Krevitt’s cases have generally involved enormous stakes, and have concerned a wide variety of technologies, including wireless devices and transmissions, ANDA litigation, LCD design and fabrication, microprocessor design, data and telecommunications hardware and software, and semiconductor and integrated circuit design and fabrication, as well as many areas relating to the Internet, such as the compression, storage and transmission of content, and routers and switches.

Mr. Krevitt is consistently ranked as one of the leading Intellectual Property and Patent litigators in the United States by virtually every ranking and survey in the country.

The American Lawyer named Mr. Krevitt as a Litigator of the Year, noting that global corporations turned to him when facing “must-win patent litigation” and he “is often called in to take over from other firms.”  Mr. Krevitt is ranked by the prestigious Chambers USA and Chambers Global in Band 1 for Intellectual Property both Nationwide and in New York—one of only three lawyers in the country with that distinction.  Chambers has called Mr. Krevitt “a litigation savant,” and describes him as “a top litigator with incredible strategic vision and skill at oral argument,” among “the top echelon of trial attorneys,” “one of the best oral advocates,” and “a silver-tongued advocate extraordinaire whose voice and demeanor project confidence and inspire credibility from judges and juries alike.”  Benchmark Litigation recognizes him as a “Litigation Star.”  Mr. Krevitt is also recognized by The Legal 500 United States as a “Leading Lawyer” in Patents: Litigation (Full Coverage), The Best Lawyers in America® as a leading Litigation attorney, Law360 as an “MVP” in both IP Litigation and Trials, Lawdragon as one of the “500 Leading Lawyers in America,” and “500 Leading Litigators in America,” Who’s Who Legal as an “Expert” in Patents, and Managing Intellectual Property as an “IP Star.”  IAM Patent 1000 also awarded Mr. Krevitt a Tier 1 ranking, calling him as “a brilliant lawyer, no question,” and describing Mr. Krevitt’s varied and successful trial record, noting that “Krevitt could conduct a trial blindfolded, so familiar is he with the inside of the courtroom,” and that “industry leaders breathe a sigh of relief when he is brought on board to handle their case.”

AmLaw Litigation Daily has twice named Mr. Krevitt “Litigator of the Week.”  He received the recognition for scoring a complete victory for Fitbit in a high-profile, high-stakes patent case brought by Philips against Fitbit at the International Trade Commission.  He also received the recognition for his successful defense at trial of T-Mobile in a patent infringement lawsuit brought by Realtime Data, LLC.

Mr. Krevitt also was named to the IP Law & Business list of the “Top 50 IP” lawyers under age 45 in the United States, which features those in-house counsel, outside counsel and academics who “are distinguished by their sheer brainpower, legal smarts, creativity and hard work.”  The story praised Mr. Krevitt’s role as “lead counsel for a long list of technology companies” and recognized the many instances in which companies involved in major patent litigations have switched counsel mid-litigation to use Mr. Krevitt and Gibson Dunn.

Before joining Gibson Dunn, Mr. Krevitt was a partner in the New York and Silicon Valley offices of Weil, Gotshal & Manges.  His move to Gibson Dunn was described by The American Lawyer as one of the “Star Lateral Moves” in 2006.

Mr. Krevitt has written and lectured regarding diverse intellectual property and litigation issues.  Mr. Krevitt also has served on several public interest Boards of Directors, including, most recently, the Board of the Office of the Appellate Defender in New York City, and has served as pro bono counsel to the Boards of Directors of several public service organizations, including New Yorkers for Parks and Volunteer Lawyers for the Arts.

Mr. Krevitt graduated from Boston University School of Law and Columbia College with honors, and attended the London School of Economics Institute of Political and Economic Studies.

Jane M. Love, Ph.D. is a partner and Chair of the Life Sciences and the Intellectual Property Litigation practices at Gibson Dunn & Crutcher.  Dr. Love is resident in the New York office.

Dr. Love is a first-chair litigator who handles high value patent litigation for pharma and biotech companies including global litigation coordination.  She has extensive experience in Hatch-Waxman and BPCIA litigation.  As a registered patent attorney, Jane is often lead counsel in concurrent Patent Office proceedings.  Jane routinely offers strategic patent prosecution advice and patent diligence advice in connection with high value transactions.

Dr. Love has litigated patent issues in many jurisdictions around the country including Delaware, New Jersey, California, Massachusetts, and others.  Her cases have spanned a wide variety of technologies but of late focus on biologics, therapeutic nucleic acids, and small molecules.  She has advised clients on antibodies, immunotherapies, genetics, vaccines, protein therapies, blood factors, medical devices, diagnostics, gene therapies, RNA therapies, bioinformatics and nanotechnology.  She is a patent attorney registered to practice before the U.S. Patent and Trademark Office and has prosecuted hundreds of patent applications.

Dr. Love is Chambers-rated for Intellectual Property, and has been named a “Life Sciences MVP” three times by Law360 (2017, 2019 and 2021).  The National Law Journal named her a 2020 Health Care/Life Science Trailblazer in recognition for her work representing Novartis AG’s multiple sclerosis drug Gilenya in cases impacting patent owners and challengers across the pharmaceutical and biotech industries. She and her team won “Hatch-Waxman Impact Case of the Year” in 2019 for a case related to patent term extensions and terminal disclaimers which Dr. Love won in Delaware District court and argued before the Federal Circuit.  Dr. Love was recently recommended in the inaugural 2023 edition of Who’s Who Legal Thought Leaders USA, and Who’s Who Legal 2022 Life Sciences in Patent Litigation.  She is consistently named an “IP Star” by Managing IP and is recognized as one of the “world’s leading patent professionals” by IAM Patent.  Dr. Love was recognized as “Best in Patent” at the 2018 Euromoney Legal Media Group Women in Business Law Awards. In addition, in 2017, and 2020- 2022 she is named in Legal Media Group’s Expert Guides Guide to the World’s Leading Women in Business Law, and Best of the Best United States Guide for Patents.  Dr. Love has been named a “Life Sciences Star” for Intellectual Property by LMG Life Sciences and as one of the “500 Leading Lawyers in America” by Lawdragon.  She was named one of the “Top 250 Women in IP” by Managing IP in its seven most recent lists and was named one of the IP attorneys in the “Top 50 Under 45” list by IP Law & Business in 2008.

Before joining Gibson Dunn, Dr. Love was the Co-Vice Chair of the Intellectual Property Department of Wilmer Hale and associated with that firm in New York since 2001.  For seven years before that, Dr. Love practiced in an IP boutique law firm in New York.

Dr. Love received her Juris Doctor from Fordham University School of Law.  Before practicing law, Dr. Love was a Ph.D. graduate student at the University of Pennsylvania and Thomas Jefferson Medical School in Philadelphia and was a Post-Doctoral Research Fellow at Cornell University Weill Medical College in New York City in molecular biology, pharmacology and cell and developmental biology.

Dr. Love served as a Captain in the U.S. Army Reserve Medical Service Corp from 1991 to 1997.

Representative cases:

  • Confidential case: Lead counsel in preparation for litigation under BPCIA for biosimilar manufacturer.
  • Novartis Pharmaceuticals Corp.: Lead counsel in ANDA litigation against multiple generic defendants enforcing patents covering Gilenya®, the first oral treatment for multiple sclerosis.
  • Novartis Pharmaceuticals Corp.: Lead counsel in inter partes review (IPR) defending patent covering Gilenya® against three petitioners before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office.
  • Merck Sharp & Dohme: Lead counsel in a Delaware district court defense and related IPR against a formulation patent asserted by Mayne Pharmaceuticals based on sales of Merck’s Noxafil anti-fungal product.
  • Novartis Pharmaceuticals Corp.: Lead counsel in ANDA litigation against more than 20 generic defendants enforcing several patents covering Reclast®and Zometa®, treatments for osteoporosis and cancer.
  • Novartis Pharmaceuticals Corp.: Co-lead counsel in ANDA litigation against multiple generic defendants enforcing patents covering Exjade®, a medicine for treatment of iron overload resulting from blood transfusions.
  • Confidential client: Advice related to Biologics Price Competition and Innovation Act of 2009 (BPCIA) and defense against biosimilar challenges.
  • AbbVie, Inc.: Co-lead counsel in patent litigation asserting patents directed to human antibodies directed against the cytokine IL-12 (Stelara®) and methods to treat autoimmune diseases.
  • Confidential client: International arbitration related to patents covering gene sequencing devices and methods.
  • Alnylam, Inc.: Lead counsel in a patent interference before the Board of Patent Appeals and Interferences at the U.S. Patent and Trademark Office related to small interfering RNAs, siRNAs, used for the treatment of cancer.
  • Japanese Foundation for Cancer Research: Co-lead counsel in patent interference before the Board of Patent Appeal and Interferences at the U.S. Patent and Trademark Office related to nucleic acids encoding interferon-beta, one of the first human proteins cloned.
  • Cephalon, Inc.: ANDA litigation enforcing patents covering Provigil®, a drug used to aid in wakefulness.
  • Hologic, Inc.: Lead counsel in a patent interference before the Board of Patent Appeals and Interferences at the U.S. Patent and Trademark Office related to breast biopsy devices.

Publications:

  • Co-Author, “TC Heartland And Hatch-Waxman: Square Peg In Round Hole,” Law360, January 30, 2018.

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 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.