F. Joseph Warin is chair of the 250-person Litigation Department of Gibson Dunn’s Washington, D.C. office, and he is co-chair of the firm’s global White Collar Defense and Investigations Practice Group. Mr. Warin’s practice includes representation of corporations in complex civil litigation, white collar crime, and regulatory and securities enforcement – including Foreign Corrupt Practices Act investigations, False Claims Act cases, special committee representations, compliance counseling and class action civil litigation.

Mr. Warin is continually recognized annually in the top-tier by Chambers USA, Chambers Global, and Chambers Latin America for his FCPA, fraud and corporate investigations expertise. Most recently, he was recognized by Who’s Who Legal in its Commercial Litigation 2023 guide. In 2021 Global Investigations Review named Mr. Warin to its list of Top FCPA Practitioners, which “highlights 30 outstanding lawyers and forensic advisers in the Foreign Corrupt Practices Act space.” Lexology Index (formerly Who’s Who Legal) named Mr. Warin a “Global Elite Thought Leader” in its Investigations guides list for Business Crime Defense – Corporate and Investigations each year since 2018. In 2022, Mr. Warin was selected by Chambers USA as a “Star” in FCPA, a “Leading Lawyer” in the nation in Securities Regulation: Enforcement, and a “Leading Lawyer” in the District of Columbia in Securities Litigation and White Collar Crime and Government Investigations. In 2017, Chambers USA honored Mr. Warin with the Outstanding Contribution to the Legal Profession Award, calling him a “true titan of the FCPA and securities enforcement arenas.” He has been listed in The Best Lawyers in America® every year from 2006 – 2025 for White Collar Criminal Defense. The U.S. Legal 500 ranks Mr. Warin in the 2025 Hall of Fame for Dispute Resolution – Corporate Investigations and White-Collar Criminal Defense, and he was most recently recommended for Securities Litigation: Defense. Legal 500 has also repeatedly named him as a “Leading Lawyer” for Corporate Investigations and White Collar Criminal Defense Litigation. He has been recognized by Benchmark Litigation as a U.S. White Collar Crime Litigator “Star” each year since 2011 and was named to Securities Docket’s “Enforcement 40” for 2017. Mr. Warin is also recognized in Legal Media Group’s 2021 Expert Guide to the World’s Leading White Collar Lawyers. Mr. Warin is also regularly named a Leading Individual by Legal 500 Latin America in, International Firms: Compliance and Investigations. In 2019, Latinvex named Mr. Warin one of Latin America’s Top 100 Lawyers in the category of FCPA & Fraud. The Washingtonian Magazine named Mr. Warin one of Washington’s “Top Lawyers” in White Collar Criminal Defense for 2024, and he was previously named from 2018 to 2022. BTI Consulting named Mr. Warin to its 2020 “BTI Client Service All-Stars” List.

Global Investigations Review ranked Mr. Warin’s group No. 1 in its GIR 30, its “annual guide to the world’s leading firms to turn to during the lifecycle of an investigation and its aftermath,” for the fourth consecutive year. The publication noted that Gibson Dunn “is the premier firm in the investigations space and has an unrivaled FCPA practice.” In 2016 Who’s Who Legal and Global Investigations Review named Mr. Warin to their list of World’s Ten-Most Highly Regarded Investigations Lawyers based on a survey of clients and peers, noting that he was one of the “most highly nominated practitioners,” and a “’favourite’ of audit and special committees of public companies.” Best Lawyers® named Mr. Warin the Lawyer of the Year in 2020 and in 2016 for White Collar Criminal Defense in the District of Columbia, and he was named among Lawdragon‘s “500 Leading Litigators in America” guide for 2025 and 2023.

Mr. Warin has handled cases and investigations in more than 40 states and dozens of countries. His clients include corporations, officers, directors and professionals in regulatory, investigative and trials involving federal regulatory inquiries, criminal investigations and cross-border inquiries by dozens of international enforcers, including UK’s SFO and FCA, and government regulators in Germany, Switzerland, Hong Kong, and the Middle East. His credibility at DOJ and the SEC is unsurpassed among private practitioners – a reputation based in large part on his experience as the only person ever to serve as a compliance monitor or counsel to the compliance monitor in three separate FCPA monitorships, pursuant to settlements with the SEC and DOJ: Statoil ASA (2007-2009); Siemens AG (2009-2012); and Alliance One International (2011-2013). He has been hired by audit committees or special committees of public companies to conduct investigations into allegations of wrongdoing in a wide variety of industries including energy, oil services, financial services, healthcare and telecommunications.

Mr. Warin’s civil practice includes representation of clients in complex litigation in federal courts and international arbitrations. He has tried 10b-5 securities and RICO claim lawsuits, hostile takeovers and commercial disputes. He has handled more than 40 class action cases across the United States for investment banking firms, global corporations, Big 4 accounting firms, broker-dealers and hedge funds.

Early in his career, Mr. Warin served as Assistant United States Attorney in Washington, D.C. As a prosecutor, he tried more than 50 jury trials and was awarded a Special Achievement award by the Attorney General. Mr. Warin was awarded the Best FCPA Client Service Award by Main Justice in 2013 and he joined the publication’s FCPA Masters list. He was named a Special Prosecutor by the District of Columbia Superior Court in 1988.

Mr. Warin graduated from the Georgetown University Law Center, where he was Editor of Law and Policy in International Business. He received his Bachelor of Arts degree cum laude from Creighton University, where he was student body president. He served as a law clerk for United States District Court Judge J. Calvitt Clarke, in the Eastern District of Virginia. He has been a member of the American Bar Association’s White Collar Criminal Law Committee since 1988 and served as president of the Assistant United States Attorneys Association. Mr. Warin has been selected to serve on insurance company panels for securities class actions. He is currently a member of the Board of the International Association of Independent Corporate Monitors.

Significant Representations include:

  • Negotiated Department of Justice and SEC resolutions for one of the largest banks in the FX and Libor investigations.
  • Represented Petrobras, Brazil’s state-owned energy company, in its unique resolution with the Department of Justice and the SEC.
  • Conducted the independent resolution of an investigation of Johns Hopkins All Children’s Hospital.
  • Defended audit of Israel’s largest bank in negotiating a deferred prosecution agreement for tax related charges.
  • Negotiated a criminal resolution for an international global oil company arising out of the Deep Water Horizon Gulf of Mexico spill.
  • Defended executives of a top technology company and obtained dismissal of a derivative lawsuit alleging options backdating.
  • Defended the nation’s third-largest telecommunications company in a criminal investigation conducted by Southern District of New York U.S. Attorney’s Office and achieved a declination of prosecution.
  • Served as FCPA counsel for first non-US compliance monitor for Siemens in connection with one of the largest ever FCPA resolutions.
  • Represented the Audit Committee of a $2 billion hospital chain against allegations of financial misrepresentations. Convinced the SEC and U.S. Attorney’s Office not to take any enforcement actions against client.
  • Represented the Audit Committee of Fortune 50 energy company relating to allegations of earnings management.
  • Represented client in the longest-running securities class action in the history of Washington, D.C. and achieved a modest resolution.
  • Defended the president of a hardware supply company in a criminal price fixing case. The jury acquitted our client after a three week trial in St. Louis, Missouri.
  • Served as FCPA compliance monitor pursuant to a deferred prosecution agreement with SEC and Department of Justice.
  • Obtained numerous dismissals of lawsuits brought against the NASDAQ Stock Market and FINRA/NASD organization for more than 20 years.

Selected Speaking Engagements:

  • Presenter at Gibson Dunn webcast, “Bank Secrecy Act/Anti-Money Laundering and Sanctions Enforcement and Compliance Update” (February 2023)
  • Presenter at Gibson Dunn webcast, “Negotiating Closure of Government Investigations: NPAs, DPAs, and Beyond” (2019 – 2021)
  • Presenter at Gibson Dunn webcast, “The False Claims Act- 2021 Updates: Financial Services Sector” (2018 – 2021)
  • Presenter, “Ethics, Compliance & Inclusion,” Notre Dame University School of Law Program on Corporate Compliance and Enforcement (March 2021)
  • Panelist, “C5’s 15th Annual Fraud, Asset Tracing & Recovery Conference,” (March 2021)
  • Presenter at annual Gibson Dunn webcast, “Challenges in Compliance and Corporate Governance” (2004 – 2021)
  • Presenter at Gibson Dunn webcast, “White Collar Enforcement Outlook 2021 – Sanctions/Export Controls, AML and Healthcare Fraud” (February 2021)
  • Presenter at Gibson Dunn webcast, “FCPA 2020 Year-End Update” (January 2021)
  • Presenter at Gibson Dunn webcast, “Anti-Money Laundering and Sanctions Enforcement and Compliance in 2020 and Beyond” (December 2020)
  • Presenter at annual Securities Docket webcast, “Navigating Dodd-Frank’s Whistleblower Provisions and the FCPA” (2017 – 2021)
  • Presenter at annual Gibson Dunn webcast, “FCPA Trends in the Emerging Markets of China, Russia, India, Africa and Latin America” (2011 – 2021)
  • Presenter at Gibson Dunn webcast, “GDPR’s First Five Months: Emerging Trends and Implementation Challenges (October 2018)
  • Presenter at Gibson Dunn webcast, “Ten Years After Siemens: The Evolving Landscape of Global Anti-Corruption Enforcement” (September 2018)
  • Co-Chair, Global Investigations Review 5th Annual Live New York International Conference (September 2018)
  • Panelist, “Trends in Telecommunications Enforcement,” at ACI’s 9th Global Forum on Anti-Corruption (July 2018)
  • Panelist, “Regulators Roundtable,” at PLI’s Internal Investigations 2018 program (June 2018)
  • Presenter at Gibson Dunn webcast, “The False Claims Act- 2018 Mid-Year Update: Financial Services Sector” (August 2018)
  • Panelist, “Corporate Compliance Roundtable,” at University of Virginia, Darden School of Business (May 2018)
  • Presenter at Gibson Dunn webcast, “Anti-Money Laundering and Sanctions Enforcement and Compliance in 2018 and Beyond” (May 2018)
  • Panelist, “Ask the Experts: Q&A with ACI’s Global Anti-Corruption Advisory Board,” at ACI’s 20th Anniversary New York Conference on FCPA (May 2018)
  • Presenter, “Lessons Learned from High Profile Investigations and Prosecutions,” at ABA Criminal Justice Section’s 2018 Spring Meeting (April 2018)
  • Panelist, “No Turning Back: 40 Years of the FCPA and 20 Years of the OECD Anti-Bribery Convention,” New York University School of Law Program on Corporate Compliance and Enforcement (November 2017)
  • Presenter, “The Increasingly Global Scale of Investigations/Parallel Investigations,” Association of Corporate Counsel-National Capital Area Investigations Boot Camp (November 2017)
  • Presenter, University of Virginia School of Law Corporate Compliance Roundtable (November 2017)
  • Moderator, “FCPA Investigations and Enforcement: Developments and Updates,” at Practising Law Institute’s White Collar Crime 2017: Prosecutors and Regulators Speak Conference (October 2017)
  • Presenter at Global Investigation Review’s 4th Annual Live New York International Conference (September 2017)
  • Panelist, “Predictions, Prognostications and Plans: The New Legal and Regulatory Environment – Assessing Effective Compliance”, University of Virginia School of Law Corporate Compliance Roundtable (May 2017)
  • Speaker at PwC Annual Client & Analyst Risk Summit, Boston, MA (April 2017)
  • Co-Presenter at Statoil DPI Summit, “Compliance: Where is it Heading?”, in London, UK (March 2017)

Selected Professional Articles:

  • “Dropping the Pilot – DOJ’s Toned-Down Corporate Enforcement Policy Reduces the Burden on Business and Could Improve Information Sharing”, (with M. Kendall Day and Daniel Chung), Global Investigations Review Practitioner’s Guide to Global Investigations Half-Year Update (July 2019)
  • “Navigating Cross-Border Investigations Involving Switzerland”, (with Jason Smith and Susanna Schuemann), Global Investigations Review (July 2019)
  • “Trends In DOJ Nonprosecution, Deferred Prosecution Deals”, (with M. Kendall Day and Melissa Farrar), Law360 (January 2019)
  • “Co-operating with the Authorities: The US Perspective”, (with Winston Chan, Pedro Soto and Kevin Yeh) Global Investigations Review’s Practitioner’s Guide to Global Investigations Volume I: Global Investigations in the United Kingdom and the United States (January 2019, March 2018)
  • “Corporate NPA and DPA: All in the Nuance”, (with Michael Diamant and Melissa Farrar) International Financial Law Review (March 2018)
  • “Privilege – Introduction” and “Privilege – United States”, (with Daniel Chung and Audi Syarief) Global Investigations Review’s Know How (November 2016)
  • “Six Trends in 2015 FCPA Enforcement”, (with John Chesley and Stephanie Connor), Wall Street Lawyer (February 2016, Volume 20, Issue 2)
  • “Refusing to Settle: Why Public Companies Go To Trial In Federal Cases”, (with Julie Rapoport Schenker), Georgetown American Criminal Law Review (Volume 52, No. 3, Summer 2015)
  • “2015 Mid-Year FCPA Update”, (with John W.F. Chesley and Stephanie Connor), Westlaw Journal Government Contract (August 2015)
  • “A Practical Guide to the Use of the Commissioned Public Report as an Effective Crisis-Management Tool”, (with Oleh Vretsona and Lora E. MacDonald), Notre Dame Journal of Law, Ethics and Public Policy (June, 2015)
  • “Senator Warren, Let the ‘Cops’ Do Their Jobs”, The Hill (April 2015)
  • “2014 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements”, (with Michael Diamant and Melissa Farrar). Westlaw Journal Government Contract (March 2015), and Bloomberg BNA (February 2015)
  • “The U.S. Foreign Corrupt Practices Act: Enforcement and Compliance”, (with Michael Diamant and Elizabeth Goergen Silver) Bloomberg BNA Securities Practice Series Portfolio (No. 285, 2014)
  • “Reexamining the Notion that Public Companies Cannot Fight Criminal Charges,” (with John W.F. Chesley and Sean Sandoloski), Financier Worldwide (October 2014)
  • “Renewing the Call for Compliance Defense to the Foreign Corrupt Practices Act,” (with Daniel Chung), Corporate Disputes Magazine (July 1, 2014)
  • “How to use company data efficiently to detect fraud and corruption,” (with Michael Diamant and Oleh Vretsona), Financier Worldwide (August 2013)
  • “Five Themes for General Counsel to Monitor with Respect to Dodd-Frank Whistleblowers and the FCPA,” (with John W.F. Chesley), The FCPA Report (October 3, 2012)
  • “Understand The Risks,” (with Michael Farhang and Elizabeth Goergen), IFLR (February 2012)
  • “How to Deal with Business Corruption Risks in Mexico,” (with Michael Farhang and Elizabeth Goergen), International Financial Law Review (January 30, 2012)
  • “FCPA: Who is A Foreign Official?,” (with John W.F. Chesley and Jeremy Joseph), Compliance Reporter (August 8, 2011)
  • “Somebody’s Watching Me: FCPA Monitorships and How They Can Work Better,” (with Michael Diamant and Veronica Root), University of Pennsylvania Journal of Business Law (2011)

Dana E. Sherman is a litigation associate in the New York office of Gibson, Dunn & Crutcher.  Her practice focuses on high-stakes securities and commercial disputes involving complex financial concepts.  Dana represents public and private companies and their officers and directors in stockholder class actions and stockholder derivative actions, as well as related litigation in state and federal courts throughout the country.

Recent representative matters include:

  • Represented four members of the board of directors of Aerojet Rocketdyne Holdings in an expedited trial before the Delaware Court of Chancery arising from a proxy contest initiated by the company’s executive chairman.  Gibson Dunn’s clients prevailed in the proxy contest after the court issued its post-trial opinion.
  • Represented the Nasdaq Stock Market in securing complete dismissal on summary judgment of putative securities class action concerning high-frequency trading.
  • Defending Energy Transfer, a Fortune 100 owner-operator of diversified energy assets, in multiple securities class actions arising from pipeline projects in Pennsylvania and Ohio.  Secured summary judgment ruling substantially narrowing the claims that could be litigated in one action and reducing potential damages exposure by over 90%, resulting in a highly favorable settlement.
  • Represented Coupang, Inc. in securing favorable pre-trial settlement for global e-commerce company in share ownership dispute filed by former employee in the Delaware Court of Chancery.
  • Represented Rio Tinto Group in securities enforcement action concerning multi-billion-dollar investment in Mozambique.
  • Represented Empire Merchants, LLC in connection with civil RICO lawsuit against Maryland liquor distributor and related advancement litigation in state and federal courts.
  • Trial counsel to plaintiff in federal civil rights action concerning excessive force allegations.

She also maintains an active pro bono practice.  In partnership with Legal Services NYC and Immigration Equality, she represents LGBT persons seeking asylum and other forms of immigration relief from U.S. Citizenship and Immigration Services and Immigration Courts.  She has also represented civil rights claims to a federal jury.

She earned her Juris Doctor degree from Columbia Law School in 2016, where she was named a Harlan Fiske Stone Scholar and served as a Managing Editor of the Columbia Human Rights Law Review.  While in law school, Dana served as a judicial extern to then-Chief Judge Robert Katzmann of the U.S. Court of Appeals for the Second Circuit and an extern in the Civil Division of the U.S. Attorney’s Office for the Southern District of New York.

Dana is admitted to practice in the State of New York as well as the United States District Courts for the Southern and Eastern Districts of New York.

Jonathan Phillips is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he is a member of the firm’s litigation department and Co-Chair of the FDA and Health Care Practice Group and False Claims Act/Qui Tam Defense Practice Group. A former DOJ Trial Attorney, his practice focuses on FDA and health care enforcement, compliance, and litigation, as well as other white collar enforcement matters and related litigation. Mr. Phillips is ranked nationally as a leading False Claims Act practitioner by Chambers USA.

Mr. Phillips has substantial experience representing health care, pharmaceutical, and medical device clients in civil and criminal enforcement actions by the Department of Justice, Food and Drug Administration, Department of Health and Human Services Office of Inspector General, State Attorneys General, and other federal and state agencies, as well as related whistleblower litigation. He has particular experience representing clients in health care enforcement matters brought under the False Claims Act, the Anti-Kickback Statute, the Stark Law, and the Federal Food, Drug, and Cosmetic Act, and their state analogues on a wide variety of theories. He also regularly counsels clients on health care fraud and abuse compliance matters and conducts related internal investigations and risk assessments, including counseling Boards of Directors on health care compliance oversight matters and related government and shareholder litigation. Mr. Phillips also has extensive experience defending government contractors and their affiliates in government investigations under the False Claims Act and related breach-of-contract theories, and in related government and whistleblower litigation. Mr. Phillips has been recognized by The Best Lawyers in America® for his work in Health Care and Qui Tam Law (2023-2025), named by Washingtonian Magazine as a “Top Lawyer” for Criminal Defense-White Collar (2022), and recommended by The Legal 500 for Government Contracts (2024–2025).

Prior to joining Gibson, Dunn & Crutcher, Mr. Phillips served as a Trial Attorney in the Civil Division, Fraud Section of the U.S. Department of Justice, where he investigated and prosecuted allegations of fraud against the United States under the False Claims Act and related statutes. His work at DOJ included handling a variety of health care enforcement cases including allegations of pharmaceutical and device fraud, such as off-label promotion, adulterated products, and Anti-Kickback Statute violations, as well as a variety of other types of alleged Medicare and Medicaid provider fraud. Mr. Phillips also investigated and tried cases involving bid rigging and other allegations of fraud by government contractors while at the DOJ.

Representative Matters – Health Care Enforcement, Investigations and Litigation

  • Defended one of the country’s largest hospital and health care services providers in nationwide parallel criminal and civil investigation by DOJ and HHS OIG of medical necessity and quality-of-care allegations, resulting in closure of criminal case with no charges and successful multi-qui tam civil settlement.
  • Successfully defended leading national pharmacy operator in parallel False Claims Act suits brought by DOJ and several states’ Attorneys General, resulting in dismissal on the pleadings of one complaint based on company’s challenge to the viability of the at-issue Medicaid payment rule, and favorable settlement of companion case.
  • Defended biotechnology provider of molecular genetic testing products in parallel DOJ criminal and civil investigation of allegations of upcoding and under the Anti-Kickback Statute and beneficiary inducement prohibitions, resulting in a Non-Prosecution Agreement and favorable civil settlement. Representing the company in related Corporate Integrity Agreement implementation and compliance work.
  • Representing major global biopharmaceutical company in DOJ investigation under the Anti-Kickback Statute and False Claims Act regarding speaker programs for specialty drug products.
  • Representing special litigation committee of the board of a leading pharmaceutical wholesaler and service provider in litigation of shareholder derivative Caremark claims regarding board oversight of company compliance program.
  • Representing national diagnostic laboratory in investigation by the California Attorney General regarding state consumer protection theories in connection with marketing to physicians and patients.
  • Conducted internal investigation for special committee of the board of a leading academic medical center of surgical quality-of-care and quality oversight issues, resulting in detailed report of recommendations for improvement of governance and quality monitoring areas.
  • Represented pharmaceutical manufacturer in parallel criminal and civil DOJ investigation of alleged antitrust violations related to drug prices, resulting in Deferred Prosecution Agreement, favorable civil False Claims Act settlement, and no Corporate Integrity Agreement required by HHS OIG. Named a “Matter of the Year” by Global Competition Review.
  • Defended large hospital system in nationwide DOJ investigation under the False Claims Act of allegations involving medical necessity of interventional cardiology procedures and quality system oversight, resulting in DOJ declination and dismissal of the underlying qui tam.
  • Representing global pharmaceuticals manufacturer in False Claims Act and Anti-Kickback Statute investigation of allegations regarding arrangements with specialty pharmacies and patient support programs.
  • Represented large, nationwide pharmacy chain in False Claims Act investigation of the company’s reporting of “usual and customary” drug prices, resulting in successful settlement.
  • Defended manufacturer of medical and scientific research equipment in qui tam litigation involving alleged violations of federal regulatory restrictions on radiation emissions, resulting in a complete victory including summary judgment for the defendant and affirmance of the judgment in the Ninth Circuit.

Representative Enforcement and Litigation Matters – Defense, Technology, and Other Government Procurement

  • Successfully defended a leading engineering and construction company in False Claims Act suit brought by DOJ alleging cost accounting noncompliance under large nuclear site contract, resulting in a complete dismissal of the complaint after a trial of underlying contract interpretation issues.
  • Defended semiconductor manufacturer in False Claims Act investigation of alleged violations of International Trafficking in Arms Regulations (ITAR), including obtaining DOJ declination, dismissal of the relator’s complaint on the pleadings, and affirmance of the dismissal in the Ninth Circuit.
  • Defended subsidiary of one of the nation’s largest energy providers in False Claims Act investigation of alleged Truth in Negotiations Act (TINA) violations related to contracting for emergency power restoration services, resulting in favorable settlement of FCA claims and government payment of withheld contract funds.
  • Defended engineering and R&D firm in parallel criminal and civil DOJ investigation of alleged timecard fraud that resulted in DOJ declination of both the criminal and civil cases, and a successful motion to dismiss the underlying qui tam.
  • Defended government contractor providing logistics and network management services to the military in DOJ investigation of alleged fraudulent bills for goods and services not provided, resulting in DOJ declination and dismissal of the underlying qui tam.
  • Defended global aerospace engineering firm in False Claims Act investigation involving alleged nonconformity to client and military service specifications, resulting in DOJ declination and dismissal of the underlying qui tam.

Speaking Engagements and Academic Work

  • Adjunct Professor, Columbus School of Law, Catholic University of America – Health Care Compliance Seminar, Fall 2020 to Present
  • “Causation Conundrums in FCA Cases,” Federal Bar Association Qui Tam Section Roundtable (scheduled March 2023)
  • “Evolution of Cyber and DOJ’s Civil Cyber Fraud Initiative,” Government Investigations, Compliance, and Litigation Institute Annual Meeting (Nov. 2022)
  • “Navigating New Terrain with FCA and Qui Tams,” GICLI Annual Meeting (Nov. 2021)
  • “Preparing for Enhanced Antitrust Enforcement in Government Procurement,” Gibson Dunn Webcast, Dec. 2019)
  • “Top Legal Threats and Trends Facing FDA-Regulated Companies,” Food and Drug Law Institute’s annual Enforcement, Litigation, and Compliance Conference (Dec. 2019)
  • “False Claims Act Enforcement, Policy Updates, and Trends in Patient Support,” Food and Drug Law Institute’s annual Enforcement, Litigation, and Compliance Conference (Dec. 2018)
  • “Building Safeguards into Patient Assistance and Support Programs in order to Mitigate Risk,” American Conference Institute’s 18thAnnual Forum on Fraud and Abuse (March 2018)
  • “False Claims Act Litigation in a Post-Yates World: Has the Government Changed Its Approach and Should You?” American Bar Association Litigation Section Annual Conference (May 2017)
  • “Developments in False Claims Act Enforcement,” Food and Drug Law Institute webinar (April 2017)
  • “Going on the Offensive: Strategies for Investigating, Combating, and Affirmatively Litigating Against Fraud,” HCCA Managed Care Compliance Conference (Jan. 2017)
  • “False Claims Act Enforcement Targeting Drug and Device Companies,” Food and Drug Law Institute’s annual Enforcement, Litigation and Compliance Conference, Washington, D.C. (Dec. 2016)
  • “Litigating Against the Government,” moderated panel sponsored by the Bar Association of D.C. (Nov. 2016)
  • “Hot Topics in Fraud and Abuse Enforcement Involving Health Care Providers,” Gibson Dunn Webcast (Sept. 2016)
  • “How DOJ Can Build a Successful Case Against You: Understanding the Anatomy of a Government Investigation of False Claims,” American Conference Institute’s Advanced Forum on False Claims and Qui Tam Enforcement, New York, NY (January 2014)

Sample Publications

  • Gibson Dunn’s False Claims Act Year-End and Mid-Year Updates, (co-author) 2013-2023
  • “Anti-Kickback Circuit Split Holds Implications for Defendants” (co-author) (Law360, August 2022)
  • “Senators’ Call for Increased DOJ Use of Suspension and Debarment Could Impact False Claims Act Investigations and Resolutions (co-author) (Client Alert, August 2022)
  • “Prescription Drug Sampling Regulation and Enforcement” chapter in Practicing Litigation Institute’s Pharmaceutical Compliance and Enforcement Answer Book (co-author) (2021)
  • “Using and Defending Against Statistical Sampling in False Claims Act Cases” (co-author) (AHLA Connections, January 2017)
  • “FCA Liability After Escobar: Challenges and Opportunities for Device Companies” (co-author) (MedTech Insight, October 2016)
  • “Compliance Perspectives on the Developing Contours of the Patient Safety and Quality Improvement Act” (co-author) (HCCA Compliance Today, October 2016)
  • “Compliance Implications of the Rise of False Claims Act Cases Based on the 60-Day Rule” (Westlaw Journal Health Care Fraud, November 2015)

Previously, Mr. Phillips was an associate at a law firm in Washington, D.C., and served as a law clerk for Judge J. Curtis Joyner of the U.S. District Court for the Eastern District of Pennsylvania.

Mr. Phillips received his law and undergraduate degrees from the University of Pennsylvania. He is a member of the bars of the State of Maryland and the District of Columbia.

John Chesley is a Chambers-ranked litigation partner in Gibson Dunn’s Washington, D.C. Office. He focuses his practice on white collar criminal enforcement and government-related litigation. He represents corporations, board committees, and executives in internal investigations and before government agencies in matters involving the Foreign Corrupt Practices Act, procurement fraud, environmental crimes, securities violations, sanctions enforcement, antitrust violations, and whistleblower claims. He also has significant trial experience before federal and state courts and administrative tribunals nationwide, with a particular focus on government contract disputes.

John served as the Interim Chief Ethics & Compliance Officer of a publicly-traded, multi-national corporation, responsible for managing a global team of compliance personnel. In this role, John conducted and oversaw internal investigations, managed a whistleblower hotline, provided compliance advice, created and updated compliance policies, and administered compliance training for tens of thousands of employees worldwide. This opportunity provided John with first-hand insights into the day-to-day challenges experienced by in-house counsel, which he uses to bring practical solutions to the table for all of his clients.

John has been recognized repeatedly as one of the leading lawyers of his generation. Most recently, John was recommended by The Legal 500 2025 for his work in Government Contracts. He was also recognized in the 2025 edition of Chambers USA as a leading FCPA practitioner, in which clients described him as “smart, practical and [] a pleasure to work with,” as well as “incredibly responsive and practical in his advice.” Other rankings include “Global Leader in Crisis Management” (Lawdragon), “Top Rated White Collar Attorney” (Washington, D.C. Super Lawyers),  “World’s Leading Young Investigations Specialist” (Global Investigations Review), “Rising Star” (Law360, Government Contracts) (The National Law Journal, White Collar), Washington, D.C. “Future Litigation Star” (Benchmark Litigation), and “Future Leader” in Investigations (Who’s Who Legal Investigations).

A representative sampling of John’s reported client engagements include:

  • In the Matter of Kraft Heinz Co. – Negotiated a successful resolution of accounting fraud claims brought by the SEC with no criminal component, substantially reduced financial penalty, and non-scienter-based charges;
  • United States & SEC v. Hewlett-Packard Co. et al. – Negotiated a successful resolution of FCPA claims brought by DOJ and the SEC, including no criminal disposition for the parent issuer, no compliance monitor, and a substantially reduced financial settlement, then guide successor companies through successful completion of post-resolution reporting period;
  • United States v. ZTE Corp. – Successfully litigated criminal probation revocation proceeding, persuading Court not to revoke probation or impose penalties and bring five-year compliance monitorship to an end (3:17-cr-00120-K, Dkt. 191 (Mar. 22, 2022));
  • Raytheon Co. v. United States – Won a $59 million judgment after a three-week trial before the U.S. Court of Federal Claims in a dispute with the Government concerning pension costs and successfully defended the trial court’s judgment on appeal to the Federal Circuit (105 Fed. Cl. 236 (2012) (aff’d 747 F.3d 1341 (Fed Cir. 2014));
  • David R. Faulkner v. State of Maryland – Successfully litigated writ of actual innocence leading to reversal of Mr. Faulkner’s convictions, dismissal of all charges, and his release from prison after 20 years of wrongful imprisonment (468 Md. 418 (2020));
  • United States v. Angel Neri Estrada-Tello – Successfully litigated motion for sentencing reduction, resulting in the client’s immediate release and return to his family (8:02-cr-00228 (M.D. Fla. Feb. 14, 2025));
  • United States v. Alan J. Saltzman , D.O. – Successfully litigated motion to sever and stay indicted healthcare fraud prosecution based on client’s physical incapacity (2016 WL 287052 (D.D.C. Jan. 22, 2016)), leading to complete dismissal of charges against the client;
  • United States v. Michael D. Parry – Investigated allegations of corporate embezzlement on behalf of the Board of Directors of a non-profit organization and government contractor, resulting in a multi-million civil settlement for the organization and criminal prosecution of the former executive;
  • In the Matter of Theodore W. Urban – Successful trial defense of the former General Counsel of a broker-dealer charged with failing to supervise a broker, culminating in an acquittal on all charges (99 SEC Docket 994 (2010));
  • SEC v. General Electric Co. – Obtained a declination of criminal prosecution by DOJ in an FCPA investigation arising out of the Oil-for-Food Program and negotiated a favorable settlement with the SEC;
  • The Allied Defense Group, Inc. – Obtained declinations of criminal and civil enforcement action by DOJ and the SEC in a joint FCPA investigation arising from the arrest of a former employee in the 2010 “FCPA Sting” as well as the dismissal of a federal employment lawsuit brought by the former employee;
  • United States v. John Ferro – Obtained dismissal of all charges stemming from an unconstitutional search and seizure; and
  • United Parcel Service, Inc. v. Bureau of Safety & Regulation – Obtained the reversal of an administrative occupational safety and health citation in the Court of Appeals of Michigan and then successfully defended the Court of Appeals’ decision before the Michigan Supreme Court (745 N.W. 2d 125 (Mich App. 2007) (aff’d 749 N.W. 2d 746 (Mich. 2008)).

A representative sampling of confidential client engagements include:

  • Ongoing representation of a global telecommunications company in an FCPA investigation before DOJ;
  • Successfully persuaded DOJ and the SEC to decline charges against two separate global technology companies in FCPA investigations, one arising out of Southeast Asia and the other Latin America;
  • Representation of a global consumer packaged goods company in multiple China-based anti-corruption investigations as well as a Russia-based sanctions investigation;
  • Representation of a global telecommunications company in an Egypt-based anti-corruption investigation;
  • Representation of a global financial institution in a multi-agency investigation concerning the U.S. Treasuries market;
  • Representation of global trading company in connection with alleged North Korean sanctions violations;
  • Representation of multi-national wellness device manufacturer in connection with alleged FDA regulatory non-compliances;
  • Successfully persuaded DOJ and the SEC to decline charges against a senior lawyer in connection with a joint FCPA investigation concerning the alleged breach of a deferred prosecution agreement;
  • Successfully persuaded the SEC to decline charges, post-Wells notice, against the CFO of a mining company in connection with allegations of FCPA violations;
  • Representation of CIA employee in “Spying on the Senate” investigation, resulting in full exoneration of the client;
  • Investigation of alleged corruption concerns in West Africa on behalf of a global energy company;
  • Representation of a global telecommunications company in a multi-jurisdictional review of network performance reporting practices;
  • Investigation of whistleblower concerns relating to energy reserve reporting practices on behalf of a global energy company;
  • Representation of a defense contractor in a Procurement Integrity Act investigation being conducted by the Naval Criminal Investigative Service, as well as suspension and debarment proceedings before the Naval Office of Acquisition Integrity;
  • Representation of a Big 4 accounting firm in a Senate Permanent Subcommittee on Investigations inquiry into international taxation matters;
  • Representation of a major multi-national in connection with SOX whistleblower claims raised by an attorney formerly employed by an Indian subsidiary;
  • Representation of a defense contractor in an internal review of compliance with export laws, including the International Traffic in Arms Regulations;
  • Representation of a defense contractor before the Air Force Office of Special Investigations, Defense Contract Audit Agency, and SEC in connection with SOX whistleblower claims raised by the contractor’s chief compliance officer;
  • Representation of a defense contractor in a grand jury investigation arising from allegations of improper political contributions;
  • Representation of a real estate development firm in a grand jury investigation arising from alleged violations of the Clean Water Act;
  • Representation of a senior chemical company executive in connection with criminal antitrust investigations in the United States and Canada and collateral, multi-district civil litigation in the United States; and
  • Buy- and sell-side representation of numerous clients across a multitude of industries in connection with pre-acquisition FCPA due diligence reviews.

John publishes and speaks regularly on legal developments, particularly involving the FCPA. In addition, he is frequently quoted in print publications such as Bloomberg BNACompliance WeekCorporate CounselGlobal Investigations ReviewLaw360The FCPA Report, and SEC Today and has appeared as a legal commentator on the Fox News Channel.

Examples of recent speaking engagements include:

  • Co-Presenter, “Key Strategies to Navigating Cross-Border & Multilingual Compliance Investigations” (April 2025);
  • Co-Presenter, “FCPA Update: 2024 & Q1 2025 Developments” (April 2025);
  • Co-Presenter, “The Economic Crime and Corporate Transparency Act” (December 2024);
  • Co-Presenter, “FCPA 2023 Year-End Update” (February 2024);
  • Co-Presenter, “FCPA 2022 Year-End Update” (March 2023);
  • Co-Presenter, “Navigating the Minefield of Dodd-Frank’s Whistleblower Provisions (2022 Update),” Securities Docket Webcast (February 2023);
  • Co-Presenter, “FCPA 2021 Year-End Update” (February 2022);
  • Co-Presenter, “Navigating the Minefield of Dodd-Frank’s Whistleblower Provisions (2021 Update),” Securities Docket Webcast (January 2022);
  • Co-Presenter, “Navigating the Minefield of Dodd-Frank’s Whistleblower Provisions (2020 Update),” Securities Docket Webcast (February 2021); and
  • Co-Presenter, “FCPA 2020 Year-End Update” (January 2021).

In July 2016, a Gibson Dunn team led by John was presented with the “Defender of Innocence” award by The Mid-Atlantic Innocence Project in recognition of their efforts to vindicate and free from prison David R. Faulkner.

John graduated with honors from the Georgetown University Law Center in 2005, where he attended classes while working for the National Criminal Enforcement Section of the U.S. Department of Justice, Antitrust Division. He received his undergraduate degree with honors from the University of Maryland in 2001 and also is a former police officer.

John is a member of the bars of the State of Maryland and the District of Columbia and has held a Secret security clearance.

Daniel P. Chung is a partner based in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a nationally-recognized trial lawyer and litigator, and his practice focuses on commercial litigation and defense against civil and criminal regulatory enforcement. He also regularly advises corporate executives, boards, and audit committees, and conducts sensitive internal investigations. His experience spans a broad spectrum of sectors, with particular depth in technology companies, media companies, the healthcare sector, and financial institutions. He is the Co-Hiring Partner of Gibson Dunn’s Washington, D.C. office.

Prior to joining Gibson Dunn, Daniel served as an Assistant United States Attorney in the Southern District of New York, where he prosecuted a wide range of complex federal criminal cases, involving securities fraud, health care fraud, insurance fraud, immigration fraud, money laundering, complex racketeering, murder, terrorism, and international drug cartels. As an Assistant U.S. Attorney, Daniel tried eight federal criminal jury trials to verdict, and briefed and argued numerous federal appeals before the Second Circuit. Daniel has been recognized and honored for his advocacy and thought leadership, including being recommended by The Legal 500 for his work in Government Contracts; as a Global Elite Thought Leader by Who’s Who Legal; a “Future Litigation Star” by Benchmark Litigation; and as a “Rising Star” by the National Law Journal.

Recent significant engagements include:

  • Represented Amazon Web Services in Court of Federal Claims bid protest of U.S. Department of Defense award of Joint Enterprise Defense Infrastructure cloud computing contract, resulting in DoD cancellation of contract to competitor.
  • Obtained a complete voluntary dismissal of a False Claims Act lawsuit brought by U.S. Department of Justice relating to labor costs incurred at nuclear waste management site by defense contractor Savannah River Nuclear Solutions and Fluor Corp.
  • Obtained a complete voluntary dismissal of a federal class action lawsuit alleging false imprisonment, fraud, and various tort claims by former employees against a major contractor for services to U.S. Army.
  • Defended a technology/social media company in connection with an investigation by the DOJ and SEC into company’s IPO-related disclosures, resulting in declination of enforcement action.
  • Defended a global financial institution in connection with an investigation by the SEC of asset impairment accounting practices, resulting in a declination of enforcement action.
  • Defended global pharmaceutical company in connection with a FCPA investigation by the DOJ and SEC, resulting in a declination of criminal prosecution by the DOJ and a favorable settlement with the SEC.
  • Defended an officer of offshore drilling company Noble Corp. in an SEC enforcement action alleging improper payments in Nigeria. Settled the case on the eve of trial with no admission of liability and no monetary penalties, in what legal commentators called a “defeat” for the SEC and “significant victories for the individuals.”
  • Defended a national commissary services provider in connection with RICO litigation brought by Mississippi State Attorney General relating to alleged corruption scheme with Mississippi Department of Corrections, resulting in a favorable settlement.
  • Defended Universal Health Services, Inc. in connection with a nationwide False Claims Act investigation by the DOJ, HHS-OIG, and various state Attorneys General relating to alleged fraud and quality of care issues, resulting in a favorable settlement.
  • Defended a former executive of a U.S. software company in connection with a procurement fraud investigation by U.S. Attorney’s Office for the Eastern District of Virginia and DHS-OIG, resulting in a declination of criminal prosecution.

Daniel is a regular featured speaker on white collar enforcement and regulatory topics, including for Thomson-Reuters Forums, the American Conference Institute, and the Practising Legal Institute. He has guest lectured at Harvard Law School, Yale Law School, Georgetown Law Center, George Washington University Law School, Notre Dame Law School, Columbia Law School, and the Columbia University School of International and Public Affairs. He is on the Board of Directors of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.

Daniel is a 2003 cum laude graduate of Harvard Law School. He graduated magna cum laude from Harvard College in 2000 with a Bachelor of Arts degree in History. Following law school, Daniel served as a law clerk for the Honorable Norman H. Stahl on the U.S. Court of Appeals for the First Circuit, and then for the Honorable Michael B. Mukasey on the U.S. District Court for the Southern District of New York.

Daniel is admitted to practice in the state of New York and the District of Columbia, and before the U.S. District Courts for the District of Columbia, Southern and Eastern Districts of New York and the United States Court of Appeals for the Second Circuit.

Dhananjay (DJ) Manthripragada is a partner in the Los Angeles and Washington, D.C. offices of Gibson, Dunn & Crutcher. He is Chair of the firm’s Government Contracts practice group, and also a member of the Litigation, Class Actions, Labor & Employment, and Aerospace and Related Technologies practice groups. Mr. Manthripragada has a broad complex litigation practice, and has served as lead counsel in precedent setting litigation before several United States Courts of Appeals, District Courts and state courts in jurisdictions across the country, the Court of Federal Claims, and the Federal Government Boards of Contract Appeals. He has first-chair trial experience and has successfully tried to verdict both jury and bench trials, and has served as lead counsel in arbitration and other alternative dispute resolution forums. His practice spans a wide range of industries, and he has represented some of the world’s leading aerospace and defense, finance, logistics/transportation, high-technology, and pharmaceutical companies in their most significant matters. Mr. Manthripragada is also highly regarded as a trusted advisor to clients regarding significant compliance/enforcement, contract, dispute resolution, and employment issues. He was recommended by The Legal 500 in 2025 for his work in Government Contracts, and recognized by The Best Lawyers in America® “Ones to Watch” in Commercial Litigation in 2021 and 2022.

Complex Trial and Appellate Litigation: Mr. Manthripragada has extensive experience in a broad range of business litigation, including class and mass action litigation. He has served as lead counsel in employment, consumer, wage-and-hour, and unfair competition class actions and other complex litigation matters. In addition to litigating, Mr. Manthripragada counsels clients on compliance with rapidly evolving state and federal law, as well as the development and implementation of business model changes and best practices to minimize the risk of litigation or government enforcement actions. He has counseled clients across a range of industries on recent trends in worker classification, and successful strategies by companies and employers to manage potential liability. He has also conducted numerous internal investigations regarding sensitive matters. Clients have praised Mr. Manthripragada’s ability to craft practical legal solutions to complex problems. Recognized as a thought leader in the industry, Mr. Manthripragada has delivered numerous seminars on key developments in worker classification and arbitration laws. Some of Mr. Manthripragada’s most recent non-confidential matters include:

 

  • Represent logistics companies defending multiple enforcement actions alleging misclassification of truck drivers as independent contractors and involving complex issues regarding the preemption of worker classification law AB5.
  • Represent Grubhub in landmark trial victory in a federal case ruling that a driver who used Grubhub’s app was an independent contractor, after preemptively defeating class certification.
  • Represented Uber in a series of putative class actions asserting that Uber has misclassified drivers as independent contractors, including persuading the Ninth Circuit to grant interlocutory review of a class certification order, and obtaining decisions by the Ninth Circuit enforcing Uber’s arbitration agreements and decertifying a class of hundreds of thousands of drivers.
  • Obtained rulings from federal and state courts across the country compelling individual arbitration and dismissing and/or staying class and collective actions.
  • Lead counsel for logistics and network companies in a series of putative class actions, PAGA actions, and FLSA actions pending in California state and federal courts, asserting misclassification of drivers as independent contractors.
  • Lead trial counsel for multiple platform companies in arbitrations and administrative trials regarding independent contractor classification.
  • Represented Hewlett-Packard Company in a two-part, multi-week trial involving breach of contract and unfair competition claims that resulted in a unanimous jury verdict in favor of HP, with the jury awarding HP over $3 billion in damages.
  • Counsel for Co-CEOs of algorithmic trading company in five-day arbitration of claims alleging breach of contract and breach of fiduciary duty, which resulted in a complete victory on all claims and the award of $3 million in attorneys’ fees and costs in favor of Gibson Dunn’s clients.
  • Presented CLE class titled “Recent Trends in Arbitration and Worker Classification: What Companies Need to Know Going into 2020.”

Government Contracts Practice: As Chair of the firm’s Government Contracts practice, Mr. Manthripragada has a breadth of experience in the field of government contracts. His government contracts practice focuses on civil and criminal fraud investigations and litigation, complex claims preparation and litigation, qui tam suits under the False Claims Act, defective pricing, cost allowability, the Cost Accounting Standards, and compliance counseling. He has represented government contractors and their subcontractors, vendors, and suppliers before the Armed Services Board of Contract Appeals, the United States Court of Federal Claims, the U.S. Government Accountability Office, and federal appellate and trial courts across the country, and has provided advice to clients on issues involving contract negotiations, claims analysis, and contract performance. Mr. Manthripragada also maintains a robust compliance counseling practice, aimed at offering practical guidance on complex regulatory issues while remaining mindful of clients’ business goals.

He is the Editor-in-Chief of the Government Contract Costs, Pricing and Accounting Report. He also serves on The Government Contractor Advisory Board. Some of Mr. Manthripragada’s most recent non-confidential matters include:

  • Ongoing representation of multiple major defense contractors before the Armed Services Board of Contract Appeals in disputes regarding compliance with the Cost Accounting Standards.
  • Successful bid protest before the Government Accountability Office on behalf of a logistics and shipping company.
  • Lead counsel for a Department of Defense contractor in negotiating a zero dollar settlement of a government contracts dispute before the Armed Services Board of Contract Appeals.
  • Lead counsel for a Department of Defense contractor in a breach of contract claim filed by a subcontractor in California federal court.
  • Lead counsel for NASA contractor in successful resolution of a contract dispute relating to labor costs incurred under a services contract in proceedings before the Armed Services Board of Contract Appeals.
  • Lead counsel for government contractor in dispute with the Department of Homeland Security, which resulted in resolution of all disputes in contractor’s favor.
  • Lead counsel for Department of Defense contractor with respect to contract disputes in Iraq.
  • Lead counsel for government contractor with respect to its agreements with the Department of the Treasury to provide cash management services.

Community and Firm Involvement: In addition to serving as a practice group leader, Mr. Manthripragada is Co-Chair of the Los Angeles Office’s Diversity Committee. Mr. Manthripragada is also deeply committed to his pro bono practice and was recognized by the City of Los Angeles for his pro bono work on behalf of human trafficking victims and transition-aged foster youth. He has been recognized by various other organizations, including the Bay Area Legal Aid Foundation, for his pro bono efforts. He was also honored as a winner of Gibson Dunn’s Frank Wheat Memorial Award for his commitment to pro bono work.

Mr. Manthripragada currently serves on the board of the Los Angeles Urban League, a nonprofit organization dedicated to promoting education, job training, housing, and community development in underserved communities in Los Angeles.

Selected Publications and Webcasts:

  • “Aerospace and Related Technologies Update – Spring 2021” Gibson Dunn Client Alert, April 20, 2021
  • Recent Trends in Arbitration and Worker Classification: What Companies Need to Know in 2020, May 22, 2020
  • “Aerospace and Related Technologies Update – Spring 2020” Gibson Dunn Client Alert, May 19, 2020
  • “2018 Year-End Government Contracts Litigation Update” Gibson Dunn Client Alert, February 14, 2019
  • “2018 Mid-Year Government Contracts Litigation Update” Gibson Dunn Client Alert, July 30, 2018
  • “Aerospace and Related Technologies – Key Developments in 2017 and Early 2018” Gibson Dunn Client Alert, March 16, 2018
  • “Species protection versus state agency autonomy: who wins under the California Endangered Species Act?” 36 Envtl. L. Rep. News & Analysis 10644-10657 (2006).

Education and Background: Mr. Manthripragada received a law degree in 2007 from the University of California, Los Angeles, where he served as Chief Comments Editor and Articles Editor of the UCLA Journal of Environmental Law & Policy. While in law school, Mr. Manthripragada served as a judicial extern to Judge Kim McLane Wardlaw of the U.S. Court of Appeals for the Ninth Circuit. He graduated magna cum laude with a Bachelor of Arts degree in Biology from Duke University in 2004.

Before attending law school, Mr. Manthripragada worked in the field of public health, including at the World Health Organization, Centers for Disease Control and Prevention, and the American Public Health Association.

Mr. Manthripragada is admitted to practice law in the District of Columbia and the state of California.

Amanda M. Aycock is a partner in the New York office of Gibson, Dunn & Crutcher. She is a member of the firm’s Litigation Department, as well as the Privacy, Cybersecurity and Data Innovation Practice Group, the Crisis Management Practice Group, the Media, Entertainment, and Technology Practice Group, and the White Collar Defense and Investigations Practice Group.

Amanda has defended multinational companies and senior executives in technology, social media, financial and other sectors in commercial litigation, internal investigations, and regulatory matters, including state Attorneys General investigations and enforcement actions. Substantively, her practice is cross-disciplinary and includes experience in consumer protection, data privacy, contract, employment, constitutional, antitrust, and criminal law; she is a Certified Information Privacy Professional (CIPP/US).

Most recently, The Legal 500 recognized Amanda for corporate investigations and white collar criminal defense, specifically for her work advising corporate clients. The Legal 500 has twice recognized Amanda as a “Rising Star” in corporate investigations and white collar criminal defense, and recommends her for matters involving privacy, cybersecurity, and consumer protection, and for white collar matters emanating from the technology, media, and entertainment industries. She has also been recognized five times by The Best Lawyers in America® as “One to Watch” in Criminal Defense: White-Collar (2021 – 2025).

Representative matters include:

  • Represents Meta in wide-ranging and intense matters related to the aftermath of the widely reported Cambridge Analytica issues, leading a complex and novel internal investigation related to data privacy risk from historical developer activity on the Facebook platform, and assisting with numerous domestic and international regulatory investigations, nationwide consumer class actions, and state Attorneys General enforcement actions.
  • Represented Facebook and Mark Zuckerberg in a high-profile breach of contract action brought by Paul Ceglia in Federal Court in Buffalo, New York alleging an ownership interest in Facebook. Obtained expedited discovery against Plaintiff, developing evidence of spoliation and fraud concerning Plaintiff’s lawsuit, including Plaintiff’s doctoring the contract sued upon and manipulation of digital evidence. Successfully moved for dismissal of the case, which the Court dismissed as a fraud on the Court, and prevailed on appeal in the Second Circuit.
  • Represented daily fantasy sports company when industry was in crisis, developing comprehensive strategy across several wide-ranging and high-profile civil, criminal, and regulatory actions. In particular, defended company in enforcement action brought by New York Attorney General seeking to enjoin ongoing operations, and brought civil action against Illinois Attorney General that sought emergency relief for constitutional violations.
  • Represented major telecommunications company in data breach affecting over 70 million accounts, managing notifications and leading fast-paced internal investigation.
  • Achieved court victory for Ad Hoc Group of Lenders in federal bankruptcy court on breach of contract and implied covenant claims, managing discovery, depositions, and all trial preparations, and examining witness at trial.
  • Represented industry-leading media and technology company in a federal antitrust trial.
  • Represented major telecommunications company in antitrust action brought by DOJ, which settled favorably following a motion to dismiss.
  • Represented Fortune 500 company in SEC investigation into possible revenue recognition issues, stemming from information provided by former employee whistleblower; the SEC declined to pursue enforcement action.
  • Represented European Head of Treasury of Multinational Europena Bank in DOJ LIBOR investigation.

Amanda maintains an active pro bono practice, particularly in connection with immigration matters. For example, she represented Migrant Justice—a Vermont non-profit dedicated to protecting the rights of the migrant farmworker community—in a lawsuit against the federal and local government that alleged unlawful surveillance and harassment in violation of the First Amendment.

From 2014 to 2015, Amanda served as a law clerk to the Honorable Katherine Polk Failla in the United States District Court for the Southern District of New York. Amanda graduated from the University of Pennsylvania Law School in 2010 with joint degree, consisting of a Juris Doctor, cum laude, and the French equivalent of an LL.M., cum laude, sponsored jointly by the Sorbonne and the Institut d’Études Politiques (Sciences Po). While at Penn Law, she was a Levy Scholar and an Associate Editor of the University of Pennsylvania Journal of International Law. Amanda received her Bachelor of Arts in 2007 from the University of Pennsylvania, magna cum laude.

Amanda is admitted to practice in the State of New York, and before the United States District Courts for the Southern and Eastern Districts of New York.

Debra Wong Yang is a partner in Gibson, Dunn & Crutcher’s Los Angeles office. Reflective of her broad practice and comprehensive abilities, Ms. Yang is Chair of the Crisis Management Practice Group, former Chair of the White Collar Defense and Investigations Practice Group, which includes the FCPA Practice Group, and former Chair of the Information Technology and Data Privacy Practice Group. She is also a member of the firm’s Executive Committee.

Drawing on her depth of experience and record of success, Ms. Yang focuses part of her practice on strategic counseling. She leads critical representations, both high profile and highly confidential, involving a wide variety of industries, economic sectors, regulatory bodies, law enforcement agencies, global jurisdictions and all types of proceedings. Her clients are in the private and public sectors. She guides teams of attorneys and outside consultants in the development and implementation of strategies to achieve the most favorable outcomes, greatest protection of reputational interests, and minimizing of harm to the business assets.

Ms. Yang has a strong background in addressing and resolving problems across the white collar litigation spectrum, including through corporate and individual representations, internal investigations, crisis management and compliance.

The Los Angeles Business Journal has named her as one of the Top 500 most influential people in Los Angeles every year since 2016. In 2015, Ms. Yang was recognized by the Los Angeles Business Journal as one of the 27 “stellar attorneys” on the Most Influential Lawyers: White Collar and Cyber Crime list. In 2017, the Los Angeles Business Journal also named her to its list of Most Influential Women Lawyers in Los Angeles, featuring 50 of the most accomplished female attorneys working in the region, and in 2018, they named her among its Most Influential Minority Lawyers in Los Angeles. Lawdragon has recognized Ms. Yang as a “Lawdragon Legend,” one of the Top 500 lawyers in the United States, and a member of its inaugural 500 Leading Litigators in America for 2024 and 2025. Ms. Yang has been called out for her capabilities in overseeing investigations – Global Investigations Review has named her to its inaugural Women in Investigations list (2015), where they highlight 100 high-powered women in the profession from around the world. Lexology Index (formerly Who’s Who Legal) included her in the 2018 Who’s Who Legal Investigations guide as a top practitioner, and has regularly recognized Ms. Yang in the field of Business Crime Defense. She was recognized from 2020 – 2025 as a leading lawyer by Chambers USA in California for Litigation: White-Collar Crime & Government Investigations, an award she has received since 2009. Ms. Yang has also been nationally recognized in the 2025 edition of the Legal 500 US for her work in Corporate investigations and white-collar criminal defense. Additionally, Ms. Yang has also been selected by her peers for inclusion in The Best Lawyers in America in the field of Criminal Defense: White Collar. The National Law Journal named her to its Outstanding Women Lawyers list (May 4, 2015). The Daily Journal has named her to its list of California’s Top 100 lawyers over the past several years, including most recently in 2020, highlighting her role in defending companies in investigations and crises that make headlines and are highly confidential in nature. The Daily Journal has also repeatedly named Ms. Yang to its annual list of 100 Leading Women Lawyers in California. Benchmark Litigation and Managing IP regularly name her a “Star.”

Ms. Yang has been recognized for her compliance-related accomplishments. In 2013, Ethisphere Magazine recognized her as one of the “Top Guns” in the “Attorneys Who Matter” category, one of the highest categories possible. Ethisphere Magazine is a publication of The Ethisphere Institute, which promotes best practices in corporate ethics and compliance.

Ms. Yang has long represented companies, boards, and audit and other board committees in internal investigations, compliance-related issues, and criminal investigations regarding the FCPA, health care laws, financial controls, trade secrets, and cyber/data intrusions, among multiple other areas. She serves as Special Counsel to a corporate compliance committee. She is experienced in overseeing teams of lawyers conducting internal investigations and has frequently reviewed and revamped compliance programs in a variety of industries. She has managed cases in the crisis arena relating to corporate governance, entertainment, gaming, recalled products, health care and insurance. She was twice appointed as a corporate compliance monitor on health care matters, once by the U.S. Attorney’s Office for the District of New Jersey and once by the New York State Supreme Court at the request of the New York Attorney General’s Office. She authored the article “FCPA Program Continues to Focus on Individuals” along with Michael Wong published in The Daily Journal in April 2016.

Ms. Yang launched Gibson Dunn’s Information Technology and Data Privacy Practice Group, which focuses on a field in which she has maintained particular interest and proficiency since prosecuting one of the first computer hacking cases as a young Assistant U.S. Attorney. Ms. Yang was selected to serve on President George W. Bush’s Corporate Fraud Task Force and to chair the Attorney General’s Advisory Committees on Intellectual Property and Civil Rights. She was appointed by the Attorney General to sit on the Attorney General’s Advisory Committee and on the Intellectual Property Task Force. Among the numerous articles Ms. Yang has written is “Countering the Cyber-Crime Threat,” co-written with Brian M. Hoffstadt and published in the Spring 2006 edition of American Criminal Law Review.

Ms. Yang was appointed U.S. Attorney in May 2002 by President George W. Bush, becoming the first Asian-American woman to serve in that capacity. Prior to this service, Ms. Yang was a California state judge. She was appointed to the Los Angeles Municipal Court in 1997, serving for a time as a Supervising Judge, and became a member of the Los Angeles Superior Court bench in 2000. She was an Assistant U.S. Attorney for seven years prior to her judicial career, a role in which she prosecuted violent crimes, white collar crimes, arson and computer crimes at the trial and appellate levels. She has served on the Ninth Circuit Jury Reform Committee.

Ms. Yang has remained active in the local and legal communities, roles for which she has been frequently honored. In 2009, she was selected by Los Angeles Mayor Antonio Villaraigosa to serve as a Los Angeles Police Commissioner, part of the civilian oversight committee of the LA Police Department. Ms. Yang has been an adjunct professor at the USC School of Law and has instructed at the National Institute of Trial Advocacy and at California’s Judicial College. She is a former president and board member of The Chinese American Museum in Los Angeles. She is on the Executive Committee of the prestigious Committee of 100.

In 2012, the Anti-Defamation League presented Ms. Yang with its prestigious Deborah Award, which honors “extraordinary women of achievement.” The award was given in recognition for her “professional and philanthropic dedication to the Los Angeles community.” In 2010, she was named by the Los Angeles Chapter of the Federalist Society as Lawyer of the Year. She previously served as a founding member and officer of many Asian-American bar organizations in Chicago and Los Angeles. Ms. Yang was recognized by The National Law Journal as one of the Top 50 Most Influential Minority Lawyers in America in 2008. She has been recognized as a champion of civil rights by both the Los Angeles City Council in 2002 and the Inglewood Superior Court. The Asian Pacific Bar Association selected her as the 2002 recipient of its Public Service Award and the National Asian Pacific American Bar Association selected her as the 2003 recipient of the Trailblazers Award. In 2004, she was appointed to the President’s Council for Pitzer College of the Claremont Colleges and was given the inaugural Distinguished Alumni Award.

Ms. Yang received her Juris Doctor from Boston College Law School and was a law clerk to the Honorable Ronald S.W. Lew in the U.S. District Court for the Central District of California.

Representative Crisis Management Matters

  • Overseeing the response for an online company in challenges from federal, state and regulatory entities over the legality of the product. Presided over teams focused on legal challenges in a number of states, coordinating the public response and message, working closely with management and counsel in crafting strategies and defenses.
  • Part of the ride-sharing trial team in high profile matter over whether drivers were independent contractors or employees.
  • Representing an independent oil refiner in criminal matters arising from a multiple-fatality industrial accident. Counseled in connection with a criminal investigation into the incident by the EPA Criminal Investigation Division and the WDWA U.S. Attorney’s Office resulting in no charges affecting the company or any individuals.
  • Represented manufacturer in electronic device industry in high profile litigation and interfacing with government authorities.

Zak Baron is an associate in the Los Angeles office of Gibson, Dunn & Crutcher. He currently practices in the firm’s Real Estate Department. Zak’s practice involves the representation of borrowers, lenders, private equity funds, institutional and non-institutional investors, developers and operators in a wide variety of commercial real estate transactions, including acquisitions, leasing and development, traditional construction, permanent and leasehold financing, preferred equity and mezzanine financing, and disposition of a wide range of commercial real estate asset classes, including vacant land, hotels, residential, office, retail and mixed-use buildings, data centers, shopping centers, and other commercial and residential properties throughout the United States.

Zak earned his law degree from the University of Southern California Gould School of Law. While in law school, he served as Senior Submissions Editor for the Southern California Law Review, a Teaching Fellow in the First Year Legal Writing and Advocacy Program, and served as a Judicial Extern to the Honorable M. James Lorenz, Senior United States District Judge for the Southern District of California.

Prior to law school, he earned a Bachelor of Arts Degree in Economics and a Minor in Philosophy from UCLA.

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

Monica K. Loseman is a co-chair of Gibson, Dunn & Crutcher’s Securities Litigation Practice Group. Monica focuses her practice in corporate and securities litigation, investment advisor and fund litigation and investigations, financial reporting, accounting and related investigations, and accountant defense. She is a first chair trial lawyer, with trials in the Delaware Court of Chancery, bench and jury trials across the country, private arbitrations, and several trials before SEC administrative law judges.

Recognized by Chambers, Legal 500, Lawdragon, Benchmark Litigation, and Super Lawyers as a top-rated Securities Litigator, Monica has substantial experience in a variety of complex civil and corporate litigation matters. Chambers USA ranks Monica in its General Commercial Litigation and nationwide Accounting and Auditor Liability categories. The Legal 500 United States recognizes Monica as a “Leading Partner” in securities litigation defense and a recommended lawyer for M&A litigation defense. She was featured as one of Lawdragon’s “500 Leading Litigators in America” from 2023 to 2025, which recognizes “attorneys who excel representing principally corporations and other organizations in litigating claims.” She was also featured as a Law Week Colorado 2017 “Lawyer of the Year” and Denver Business Journal 2016 “40 under 40” Winner. Monica was also included in the 2024 edition of The Best Lawyers in America® for her work in Securities Regulation. 

She defends companies and their officers and directors in class actions and derivative litigation and in regulatory investigations, including the Securities and Exchange Commission, Public Company Accounting Oversight Board, and the Department of Justice. Monica also has substantial experience in corporate governance matters, including litigation involving mergers and acquisitions and control disputes. She represents Board committees in conducting independent investigations involving allegations of corporate fraud and issues relating to financial reporting, accounting, internal controls, as well as special litigation matters and other issues, and is skilled at interacting with Board committees and other stakeholders in presenting results and recommendations. Clients have described Monica as an “excellent oral advocate, organized, to the point and very client-focused.”

Monica was appointed to the Financial Accounting Standards Advisory Council in 2023 and is currently serving her third term. She is a frequent speaker on securities litigation and SEC Enforcement matters and has co-authored several articles and contributed to texts regarding securities litigation topics.

Representative Matters

  • Estée Lauder: Serving as lead counsel in a purported shareholder class action in the Southern District of New York involving alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act against the company, its former CEO and CFO.
  • Alcon Inc.: Lead trial counsel in expedited litigation and trial in the Delaware Court of Chancery regarding preferred shareholder rights relating to ownership stake in early-stage med tech company and voting proxy; won voting rights claims and argued appeal in Delaware Supreme Court.
  • Crocs, Inc.: Defending purported shareholder class action in the District of Delaware and various derivative litigation matters in federal and state courts in Colorado.
  • Edward Jones: Won a significant summary judgment on all claims in purported nationwide investor class action in the Eastern District of California asserting so-called “reverse churning”; defending on appeal in the U.S. Court of Appeals for the Ninth Circuit.
  • Hut 8 Corp.: Defending in a securities fraud class action pending in the Southern District of New York, as well as derivative litigation filed in Florida, New York, and Delaware. and various derivative litigation matters in federal and state courts in Florida and Delaware.
  • Cassava Sciences, Inc.: Defending the company in the Western District of Texas against securities fraud claims related to alleged misrepresentations in connection with Phase 3 clinical trials and various derivative litigation matters in federal and state courts in Texas, Delaware and Illinois.
  • Immunomedics, now owned by Gilead Sciences, Inc.: Defended purported shareholder class action in the District of New Jersey and various derivative litigation matters; settlement confirmed on favorable terms.
  • Empower Retirement: Won dismissal in a putative multi-million member, nationwide investor class action in the District of Colorado. Gibson Dunn secured the win on a motion to dismiss.
  • Leslie’s Inc.: Defending purported shareholder class action in the District of Arizona alleging misstatements in connection with the company’s revised earning guidance in 2023. Also defending derivative litigation matters in federal and state courts.

Monica has long been dedicated to pro bono work: in 2006, Monica was a member of the litigation team that received the Firm’s inaugural Frank Wheat Memorial Pro Bono Award for the team’s successful pro bono representation of a family seeking redress for multiple violations of their civil rights. She is a Past-President and previously served on the Executive Committee of the Board for Disability Law Colorado, an organization dedicated to the protection and promotion of people with disabilities in Colorado.

Monica attended the George Washington University Law School where she served as Editor-in-Chief of The George Washington Law Review and received several awards, including an award for completing her third year with the highest grade point average and the outstanding litigation student award. She graduated with high honors in 2002 and was elected to the Order of the Coif. She received her Bachelor of Science degree in management from Rensselaer Polytechnic Institute in 1997. Prior to attending law school, Monica was a consultant with KPMG Consulting in the Washington, DC area.

Monica is admitted to practice law in the States of Colorado, California and New York, the U.S. District Courts for the District of Colorado, and the U.S. Court of Appeals for the Sixth and Tenth Circuits.

Madalyn Miller is a partner in the New York office of Gibson Dunn, Co-Chair of the Transportation and Space Group, and a member of the firm’s Finance Practice Group.

Madalyn has extensive experience in asset finance, representing underwriters, lenders, and lessors across a range of transactions. Her expertise includes portfolio securitizations, acquisition financing, and both secured and unsecured lending. With particular expertise in commercial aviation, her portfolio also covers various additional asset classes, including rolling stock, vessel finance, business aviation and general equipment. Additionally, Madalyn is skilled in advising on the acquisition and disposition of aviation leasing companies and large aircraft asset portfolios.

Madalyn is ranked by Chambers USA in Transportation: Aviation: Finance, noting she works with clients on a host of transactions, including acquisition financings, with sources highlighting her as “a tough negotiator and a hard worker.”

Relevant experience includes advising:

  • Castlelake as the issuer and servicer on its C-LAKE 2023-1 transaction, whereby the issuer issued $467 million of notes backed by 12 aircraft loans relating to 32 aircraft with 7 different obligors in 6 different countries.
  • Flexjet, Inc. as the issuer of a $550 million unsecured note issuance.
  • Deutsche Bank and Goldman Sachs, as managers and initial lenders, on an aircraft portfolio financing for Castlelake, with a value of up to US$1.327 billion, secured by a portfolio of 60+ aircraft.
  • FTAI Aviation on a sale and leaseback transaction for in excess of 30 aircraft with LATAM Airlines Group that includes bespoke engine maintenance provisions.
  • AIP Capital, as issuer’s counsel, in connection with its US$242 million enhanced equipment trust certificate (EETC) financing, comprised of US$202.2 million of Class A notes and US$39.9 million of Class B notes. The notes are backed by a portfolio of seven new Boeing 737 MAX 8 aircraft on long-term leases to two airlines.
  • Corrum Capital Management and Sightway Capital in connection with the sale and transfer to Castlelake, L.P. of the Wings aviation servicing business consisting of a portfolio of over fifty aircraft related to four financings.
  • I Squared Capital and its portfolio company, Star Leasing, a provider of trailer leasing and maintenance services, in connection with a $750 million upsize to Star Leasing’s $1.3 billion asset-backed loan facility.
  • Deutsche Bank AG, as lender, administrative agent and syndication agent, in a US$200 million warehouse loan financing secured by rolling stock.
  • An aviation management, investment and leasing platform in connection with its establishment and with a $230 million non-recourse acquisition facility from Citibank, N.A. for the financing of seven Boeing 737 MAX 8 aircraft on operating leases to three airlines.
  • Deutsche Bank (NY branch) in relation to a US$150 million loan facility for an aircraft leasing company, backed by 21 commercial passenger aircraft and individual engines on operating leases with 14 different airlines in 13 different jurisdictions.
  • AE Industrial Partners, as borrower, in a loan by HALO AirFinance, secured by one Airbus A320-200 aircraft leased to a European Operator.
  • Stonebriar Commercial Finance in connection with a $350 million warehouse facility.

Madalyn earned her Juris Doctor from Columbia Law School in 2011. She earned a Bachelor of Arts degree in Political Science from Oakland University in 2008.

Lori Zyskowski is a partner in Gibson Dunn’s New York office and Co-Chair of the Firm’s Securities Regulation and Corporate Governance Practice Group. Lori advises public companies, their boards of directors, and committees on corporate governance matters, securities disclosure and compliance issues, shareholder engagement and activism matters, shareholder proposals, environmental, social and governance matters, and executive compensation practices.

Lori’s practice focuses on fiduciary duties, oversight of enterprise risks, director independence, Securities and Exchange Commission reporting requirements, proxy statements, annual shareholders meetings, proxy advisory services, and executive compensation disclosure best practices. Lori also advises on board succession planning, board evaluations, and has considerable experience advising nonprofit organizations on governance matters.

Awards and Accolades:

  • Chambers USA,Securities: Regulation: Advisory” (2024 – 2025)
  • Lawdragon, “500 Leading Dealmakers” (2024 – 2025)
  • Expert Guides, “World’s Leading Women in Business Law” (2021 – 2022)

Lori is a Fellow of the American College of Governance Counsel, an organization of leading corporate governance lawyers from the U.S. and Canada. She is a frequent speaker on governance, proxy and securities disclosure panels and is very active in the corporate governance community. She is a former member of the board of directors of the Society for Corporate Governance and previously served as the President of its New York Chapter.

She graduated from Columbia University School of Law in 1996 and was a Harlan Fiske Stone Scholar. Lori received her undergraduate degree from Harvard University.

Prior to joining Gibson Dunn, Lori served as internal securities and corporate counsel at several large publicly traded companies, providing a unique insight and perspective on the issues that her clients face.

Brian Lane is a partner in the Washington, D.C. office of Gibson Dunn and a member of the Securities Regulation and Corporate Governance Practice Group. He spends extensive time on the West Coast.

He counsels companies of all sizes on sophisticated corporate governance and regulatory issues under the federal securities laws. He is often the first call when the board of directors of a public company is facing a crisis involving regulatory or accounting issues, as well as a shakeup in management or sensitive matters. His practice focuses on helping clients with SEC inquiries, audit committee investigations, challenging disclosure and regulatory solutions, as well as raise capital in public and private offerings, and developing unique and sophisticated securities products.

Awards and Accolades:

  • Chambers USA, “Band 1: Securities: Regulation: Advisory” (2005 – 2025)
  • The Best Lawyers in America, “Corporate Compliance Law”, “Corporate Governance Law”, Securities/Capital Markets Law”, “Securities Regulation” (2006 – 2025)
  • Who’s Who Legal, “M&A and Governance” (2023 – 2024)
  • Expert Guides, “Banking, Finance and Transactional Expert Guide” (2020 – 2022)
  • BTI Consulting Group, “Client Service All-Stars” (2018, 2019, 2022)

Prior to joining Gibson Dunn, Brian spent 16 years with the Securities and Exchange Commission (“SEC”) culminating as Counsel to the Chairman and the Director of the Division of Corporation Finance where he supervised over 300 attorneys and accountants in all matters related to disclosure and accounting by public companies (e.g. M&A, capital raising, disclosure in periodic reports and proxy statements).

Brian received his law degree in 1983 from the American University, Washington College of Law and earned a B.A. degree magna cum laude in 1980 from Washburn University.

Barry H. Berke is renowned nationwide as a leading trial lawyer and white-collar criminal defense attorney. He is Co-Chair of the firm’s Litigation Practice Group and a member of the Trials and White Collar Defense and Investigations Practice Groups. Barry represents individuals and corporations in high-stakes trials, investigations, and complex litigation. He is a fellow of the American College of Trial Lawyers.

Barry is widely acclaimed for his success and creativity as a trial lawyer and strategist, his ability to connect with and persuade juries, and his skills in protecting his clients’ interests. Chambers USA has recognized Barry as a “Star Individual” in Trial Lawyers Nationwide (one of only 11 nationwide) and as a “Star Individual” in New York for White-collar Crime & Government Investigations (one of only five lawyers). He has been praised in Chambers USA as “one of the foremost litigators in the U.S.” and “the go-to criminal defense lawyer in the country.” His peers and clients describe him as “the best lawyer of our generation,” “America’s greatest trial lawyer,” and “a legend of the profession.” Known for his “strategic ingeniousness,” “incredibly sharp legal mind,” and “great connection with juries,” Barry is celebrated for his ability to protect his clients and navigate them through crises. Others note that Barry is “endlessly creative, brilliant and super effective as an advocate,” and that “[t]here’s no problem he can’t solve.” The Legal 500 US 2025 has named Barry a “Leading Trial Lawyer” and has recommended him in the area of corporate investigations and white-collar criminal defense. Barry was also recently recognized as one of Lawdragon’s 500 Leading Lawyers in America for 2025, a guide to the nation’s top attorneys.

Barry served as chief impeachment counsel to the U.S. House of Representatives during the Senate impeachment trial of the former President of the United States. As lead counsel, Barry was instrumental in preparing and presenting a case that garnered widespread recognition for its precise choreography and compelling presentation of factual evidence and constitutional arguments.

Previously, Barry served as special counsel to the Judiciary Committee of the U.S. House of Representatives during its first investigation and impeachment of the former President. His opening statement and cross-examination of key witnesses received widespread acclaim, with The Washington Post naming him “Distinguished Person of the Week” and Slate describing his cross-examination of the president’s former campaign manager as “a cross-examination that should be mandatory viewing for every law student in the history of time.”

Recent Representations*

  • Secured dismissal of all charges against New York’s former Lieutenant Governor Brian Benjamin, as federal prosecutors dismissed the bribery indictment against him after a nearly three-year-long battle.
  • Secured complete vindication for a hedge fund manager in an insider trading and fraud case, culminating in the dismissal of all remaining charges following acquittal of the insider trading charges at trial and the remaining counts being overturned on appeal.
  • Successfully resolved an arbitration dispute for an American multinational media company against its former CEO resulting in the dismissal of the proceeding and the reversion of a $120 million grantor trust to the company.
  • Represented former New York City Mayor Bill de Blasio in federal and local criminal investigations, which concluded with no charges or actions taken.
  • Represented a former investment bank broker accused of participating in one of the largest tax fraud cases in history and secured acquittal of all nine criminal charges against him after a ten-week trial in the Southern District of New York.
  • Successfully represented a former hedge fund manager in a prominent insider-trading case where it was shown U.S. prosecutors overstepped the bounds of insider-trading law.
  • Succeeded in clearing the head of a multibillion-dollar investment fund of all charges in an indictment alleging an FCPA bribery conspiracy in connection with the privatization of a state-owned oil company.
  • Won dismissal of all claims brought against a major bank in the first bank-against-bank lawsuit arising out of the financial crisis seeking to recover $3 billion in losses. 
  • Conducted internal investigations for boards and audit committees of major companies.
  • Represented a company’s general counsel charged with violating federal immigration and labor laws and achieved dismissal of all charges against him on the eve of trial following successful motions to sever and limit the charges.
  • Secured an acquittal of all 23 counts for a lawyer client charged with participating in a multimillion-dollar securities arbitrage fraud following a two-month jury trial.
  • Successfully defended the president of an investment company accused of a $60 million bond fraud. Achieved a complete dismissal of all charges following the government’s case at trial.
  • Represented an accountant and officer of a Fortune 20 company in an SEC accounting fraud investigation. Following two Wells submissions, Barry successfully persuaded the SEC not to file any charges.
  • Represented the owner of a 1933 Double Eagle gold coin, considered the rarest and most valuable coin in the world, in a case where the U.S. government claimed it was stolen property. Barry successfully persuaded the government to dismiss criminal charges and negotiated a landmark civil forfeiture settlement on the eve of trial, resulting in a record $7.6 million auction, with proceeds divided between his client and the government.
  • Represented a prominent law firm in an arbitration brought by a former partner, achieving a significant decision that upheld the enforceability of the firm’s partnership agreement and noncompete provisions.
  • Represented a businessman involved in a high-profile state corruption scandal, successfully persuading the government to end its investigation and criminal prosecution.
  • Represented world-champion boxers and others in the boxing profession in high-profile arbitrations and court proceedings, all of which Barry won on behalf of his clients.

Barry co-authored The Practice of Federal Criminal Law: Prosecution and Defense and has taught courses on criminal law and professional ethics at New York University School of Law. He is also chairman of the board of directors of the Coalition for the Homeless and former chairman of the board of directors of the Federal Defenders of New York.

Barry received his J.D., cum laude, from Harvard Law School and his B.A., summa cum laude and Phi Beta Kappa, from Duke University. After law school, he clerked for the Honorable Mary Johnson Lowe of the United States District Court for the Southern District of New York.

Prior to joining Gibson Dunn, Barry was a Partner in the New York office of a major law firm and served as Chair of the firm’s Litigation Department. Earlier in his career, Barry was a trial lawyer with the federal defenders office for the Southern District of New York where he defended individuals accused of a wide range of federal offenses, serving as lead counsel in numerous jury trials and achieving favorable verdicts in a large majority of those cases.

*Matters handled prior to joining Gibson

Julia Lapitskaya is a partner in the New York office of Gibson Dunn. She is a member of the firm’s Securities Regulation and Corporate Governance Practice Group and co-chair of the ESG: Risk, Litigation and Reporting Practice Group. Julia’s practice focuses on SEC, NYSE/Nasdaq and Securities Exchange Act of 1934 compliance, securities and corporate governance disclosure issues, board and committee matters, corporate governance best practices, state corporate laws, the Dodd-Frank Act of 2010, SEC regulations, investor engagement and shareholder activism matters, proxy and annual meeting matters, sustainability and corporate responsibility matters, and executive compensation disclosure issues, including as part of initial public offerings and spin-off transactions.

Awards and Accolades:

  • Chambers USA, “Securities: Regulation: Advisory” (2025)
  • Lawdragon, “500 X – The Next Generation” (2024)
  • Euromoney, “Rising Star Awards” (2022)
  • Expert Guides, “Rising Stars” (2022)

Julia is a frequent author and speaker on securities law and ESG issues and is a member of the Society for Corporate Governance. She contributed to chapters in the “Executive Compensation Disclosure Handbook: A Practical Guide to the SEC’s Executive Compensation Disclosure Rules”, as well as the PLI Treatise titled “Climate Change, Sustainable Investments, and Social Governance: Law and Compliance.”  

Julia earned her Juris Doctor in 2010 from the New York University School of Law, where she served as Developments Editor of the Journal of International Law and Politics. Prior to attending law school, she graduated summa cum laude from Fordham University with Bachelor of Arts degrees in Economics and Political Science and was elected to Phi Beta Kappa.

Christopher T. Timura is a partner in the Washington D.C. office of Gibson, Dunn & Crutcher LLP and a member of the firm’s International Trade, White Collar Defense and Investigations, and ESG Practice Groups.

Chris helps clients solve problems that arise at the intersection of U.S. national security, foreign policy, and international trade regulation. His clients span sectors and range from start-ups to Global 500 companies. He is regularly ranked in Chambers Global and U.S.A. guides for his work and is a regular speaker and writer on the policy drivers, trends, and impacts of evolving international trade policy and regulation. Chris has also been recommended by The Legal 500 US for his work in customs, export controls and economic sanctions.

Chris advises clients on compliance with U.S. export controls (ITAR and EAR), import controls, and economic sanctions, and advocates for clients before the departments of State (DDTC), Treasury (OFAC and CFIUS), Commerce (BIS), Homeland Security (Customs & Border Protection), and Justice in civil and criminal enforcement actions, UFLPA and other forced labor-related detentions, and investment reviews. Chris works with in-house counsel, boards, and other business leads to investigate compliance concerns, and leverage new and existing business processes to advance international trade and human rights-related policy compliance in their companies and organizations, supply chains, and customer sales and distribution networks. He also helps clients who are working with advanced technologies design efficient compliance systems and to win difficult-to-obtain export control and sanctions authorizations to support global R&D, supply chains, and varying types of sales channels. In M&A and other transactions, he conducts expedited diligence on international trade compliance and ESG issues and supports management and compliance teams as they work to spin off or integrate business operations.

On a pro bono basis, Chris assists NGOs with their efforts to strengthen the enforcement of anti-human trafficking and forced labor laws and controls on technologies used in human rights violations. He serves on the ABA’s Export Controls and Economic Sanctions Committee and on the Department of Commerce’s Regulations and Procedures Technical Advisory Committee.

Representative Engagements Include:

  • For multiple clients, advise on the regulatory initiatives of the Department of Commerce Bureau of Industry and Security (BIS) Office of Information and Communications Technology and Services (OICTS).
  • Represent global telecommunications, semiconductor manufacturing, and industrial equipment firms on compliance with new U.S. controls on advanced integrated circuits, supercomputing, and semi-conductor manufacturing equipment and China.
  • Advise multiple firms on the development of supplier and vendor codes of conduct, audit tools, and programs to mitigate the risk of forced labor in supplier and supplier sub-tier supply chains and to comply with the Uyghur Forced Labor Prevention Act and similar prohibitions.
  • Help clients manage U.S. export control and sanctions compliance while maintaining ongoing operations in or exiting heavily sanctioned jurisdictions.
  • Represent multiple clients managing compliance with evolving end use and end user-based export controls in Russia, China, and elsewhere.
  • Advise multiple companies on the export controls, including export and deemed export licensing requirements, associated with ML- and AI-enabled software used to process geospatial imagery and data.
  • Represent global energy firms (oil, gas, and renewables) on export controls compliance in the context of projects in heavily sanctioned jurisdictions.
  • Represent global telecommunications and data satellite company with all aspects of international sanctions and export controls compliance, including classification, licensing, investigations, and disclosures.
  • Advise major financial services and communications companies in U.S. export control and sanctions compliance and licensing.
  • Represent global humanitarian and human rights NGO on compliance with international export controls and on the development of human rights-focused export controls.
  • Represent private equity firms focused on the acquisition and sale of aerospace and defense and other advanced technology companies.
  • Represent a global telecommunications company on all aspects of its export controls program, including classification, licensing, investigations, and voluntary and directed disclosures.
  • Work with private equity firms to map sensitive technologies owned and used by portfolio companies and to develop trade compliance procedures to better protect same in advance of potential review by CFIUS.
  • Assist pharmaceutical, medical device, and clinical and research companies in obtaining licenses to enable continuing humanitarian exports to countries subject to significant export controls.
  • Represented global video communications provider in investigation of exports of encryption-capable products to restricted parties and other customers and historical filing and reporting failures. BIS resolved the matter without charges or penalties.
  • Obtained OFAC specific license to provide healthcare-related services to persons resident in comprehensively sanctioned countries for a global provider of business processes and digital services.
  • Represented international marine insurer in investigation and disclosure to OFAC of potential violations involving payments to insureds in countries subject to U.S. sanctions.
  • Advised major international manufacturer of oil and gas development and production equipment on Section 232 investigation on aluminum and steel imports and on compliance with U.S. export controls and sanctions. Worked with same to identify and mitigate potential collateral impacts of U.S. sanctions under CAATSA and other proposed sanctions.
  • Advised publicly traded companies on Iran-related disclosure requirements and other disclosures regarding potential sanctions and export controls liability.
  • Represented international automaker in Department of Commerce Section 232 Questionnaire process.
  • Counseled semiconductor manufacturer under criminal investigation for exports of ITAR-controlled satellite components.
  • Advised major Asian trading company on compliance with U.S. sanctions and export controls while operating in countries subject to comprehensive U.S. sanctions.
  • Brokered comprehensive export-control agreement and procedures among U.S., Canadian, and European companies participating in aerospace R&D collaboration using shared IT and software development systems.
  • Represented former CEO of company facing potential criminal and civil enforcement action for its failure to develop adequate export control compliance policies and procedures.
  • Advised international provider of nuclear enrichment services on potential commercial impacts of Section 232 remedies to be developed based on Department of Commerce investigation.
  • Represented major U.S. aerospace firm in a global investigation and disclosure to DDTC regarding unauthorized access by non-U.S. persons to technical data stored in the company’s enterprise resource planning software and systems. DDTC resolved the matter without charges or penalties.
  • Developed integrated anti-corruption, international trade, and political risk diligence process for multiple private equity and other investment firms.
  • Advised several Top 10 private equity firm on the development of Environment, Social, and Governance (ESG) standards for fund portfolio companies, including development of a reporting process for same.
  • Advised hedge fund on the development of an ESG policy, including support on benchmarking of Social and Governance policies for use in outreach to the management team of fund investments.
  • Counseled leading U.S. company involved in lithium ion battery research, development and production on entry into defense and space systems markets, including development of ITAR compliance and licensing program.
  • Represented major defense contractor in comprehensive review of ITAR agreement compliance, including review of sub-licensee activity and compliance, and amendment of agreements to remedy compliance issues, to incorporate Export Control Reform-required changes, and to ensure that the ITAR agreements authorized foreseeable business opportunities for the companies involved.
  • Developed custom investigation and reporting software tools to support the investigation and remediation efforts to support same.
  • Represented non-U.S. firm in parallel BIS and DOJ investigations in company’s role in exports of aircraft to country subject to comprehensive trade embargo.
  • Advised defense contractor on a series of commodity jurisdiction and classification requests of regularly exported products to obtain export classifications that would lessen export compliance burdens.
  • Represented chemicals manufacturing firm in export classification requests of nano-sized chemical compounds and analysis of potential controls on technology related to same.
  • Represented a Hong Kong-based business-to-business seller of electronic components in an export control investigation which resulted in no penalties and the first ever delisting of a company from the U.S. Government Entity List.
  • Developed international sanctions, export controls, AML, and anti-corruption policies and compliance procedures for international debit and credit card transaction service provider.
  • Represented non-U.S. investment manager in OFAC investigation and disclosure into investments that later became the subject of U.S. blocking under executive orders.
  • Advised international petroleum refiner on development of anti-corruption, sanctions, and export control procedures.
  • Conducted expedited international trade compliance diligence to acquisitions of multiple engineering companies by semiconductor manufacturer.
  • Counseled dozens of companies on export control classification request filing and reporting requirements for products with cryptographic (i.e., encryption) capabilities.
  • Represented global freight forwarding and logistics provider in a series of export controls and sanctions investigations involving services to countries under comprehensive trade and service embargoes.
  • Represented a telecommunications engineering firm in obtaining BIS licensing for the design and installation of telecommunications and data infrastructure in country subject to comprehensive sanctions.
  • Developed survey of potential national and international export control- and intellectual property-related “regulatory takings” that could impact engineering firm’s ability to transfer and patent its vanguard energy technology in the U.S. and other key international destinations.

Recent Speaking Engagements:

  • Aviation Weekly Defense Conference, Moderator, Innovate to Secure – Critical Thinking on Innovation and National Security, National Press Club, May 14, 2025.
  • The Evolving Scope of Critical Technology and Interplay with Mandatory Filings, ACI 11th National Conference on CFIUS, April 25, 2025, Washington, DC.
  • Quantum Computing and Advanced Technologies: Strategic Considerations for Upgrading Classification, Licensing and Compliance, ACI 2nd Forum on Global Export Controls, ACO February 25, 2025, Washington, DC
  • Workshop: The Ins and Outs of CBP’s UFLPA Compliance, Due Diligence and Documentation Requirements, ACI 13th Advanced Forum on Import Compliance & Enforcement, November 19, 2024, Washington, DC
  • Panel: Navigating ICTS Supply Chain Rules: How Industry Is Preparing to Screen Technology Transactions Amid Increased ICTS Oversight, ACI 6th Conference on China Trade Controls, November 13, 2024, Washington, DC
  • “Managing Responsibilities in Your Supply Chain – Environmental, Human Rights, and Governance,” Association of Corporate Counsel, Ethics & Compliance Network Presentation, September 2024
  • “U.S. Export Enforcement Trends and Investigation Best Practices 2024” with Fronteo, June 2024, Taipei, Taiwan.
  • “Emerging Trends in U.S. Export Control Enforcement,” June 2024, Gibson Dunn Webcast.
  • “Operationalizing Clouds as Data Infrastructure Amid Complex Export Controls: Navigating Complex Data Outsourcing Needs, Creating Strategic Service Contracting Relationships,” ACI Global Encryption, Cloud & Cyber Export Controls, May 2024, San Francisco, CA.
  • “Navigating OFAC’s Maritime Sanctions,” Maritime Sanctions Caribbean Multilateral Workshop, CARICOM, April 2023, Bahamas.
  • “Cloud Encryption and Sharing and Storing Cloud Data: Mitigating International Technology Transfer Risk,” ACI Global Encryption, Cloud & Cyber Export Controls, March 2023, San Francisco, CA.
  • “How the New Export Controls on China May Impact Auto IC Supply Chains,” 2nd Zhangjiang Automotive Semiconductor Ecosystem Summit 2022, November 2022.
  • “How ESG Should Inform International Trade Compliance, and Vice Versa,” Gibson, Dunn & Crutcher LLP, September 2022, Webinar.
  • “Prospects of Russian Sanctions and Possible Measures by Korean Companies,” Korea International Trade Association, May 2022, Webinar.
  • “Solving for Third Party Screening, Diligence, and Risk Management in the Context of Crisis, Integration, and Change,” Ankura, Gibson Dunn, and Descartes, May 2022, Webinar.
  • “Implementation and Compliance Workshop for Representatives of the Taiwan Economy On Proliferation-Sensitive Ballistic Missile Technologies,” CRDF Global, February 2022, Virtual Workshop.

Selected Publications:

  • “Immediate Impacts, Risks, and Uncertain Future of President Trump’s Unprecedented Worldwide Tariffs,” Gibson, Dunn & Crutcher LLP Client Alert, April 2025
  • “BIS Update Conference Takeaways: Expect “Dramatic Increase” in Export Controls Enforcement Against U.S. Adversaries, Gibson, Dunn & Crutcher LLP Client Alert, March 2025
  • “BIS Connected Vehicles Rule Effective as of March 17, 2025, Gibson, Dunn & Crutcher LLP, Client Alert, March 2025
  • International Trade 2024 Year-End Update, Gibson, Dunn & Crutcher LLP, Client Alert, February 2025
  • BIS Lays the Groundwork for Global and Metered Access to Frontier AI Models and the Computing Power to Train them, Client Alert, January 2025
  • “In Three New Rules, BIS Continues Efforts to Reshape Global Semiconductor Supply Chains and the future of AI Training and Supercomputing,” Gibson, Dunn & Crutcher LLP Client Alert, October 2023.
  • “Child and Forced Labor Risks Global Task Force,” Gibson, Dunn & Crutcher LLP Client Alert, May 2023
  • “U.S. and International Partners Adopt New Code of Conduct for Export Controls and Human Rights,” Gibson, Dunn & Crutcher LLP Client Alert, April 2023.
  • “2022 Year-End Sanctions and Export Controls Update,” Gibson, Dunn & Crutcher LLP Client Alert, February 2023.
  • “CFIUS Increases Transparency with Release of Enforcement and Penalty Guidelines,” Gibson, Dunn & Crutcher LLP Client Alert, October 2022.
  • “United States Creates New Export Controls on China for Semi-Conductor Manufacturing Technology, Advanced Semiconductors, and Supercomputers in New Phase of Strategic Tech Competition,” Gibson, Dunn & Crutcher LLP Client Alert, October 2022.
  • “EU to Ban Forced Labour Products,” Gibson, Dunn & Crutcher LLP Client Alert, September 2022.
  • “Enforcement of the Uyghur Forced Labor Prevention Act Begins in the United States,” Gibson, Dunn & Crutcher LLP Client Alert, June 2022.

Tomer Pinkusiewicz is a partner in the New York office of Gibson, Dunn & Crutcher. Mr. Pinkusiewicz is Co-Chair of the Projects and Infrastructure Practice Group, Chair of the Latin America Practice Group, and a member of the Capital Markets Practice Group. His practice focuses on the procurement, development, financing, acquisition, and disposition of infrastructure-related assets and companies, with substantial experience in public-private partnerships, Latin America-related transactions, project bonds, and infrastructure financings. Mr. Pinkusiewicz represents infrastructure funds, asset managers, industrial participants, and private equity platforms in respect of investments and divestments in the infrastructure sector, with extensive experience and focus on complicated joint-venture arrangements and debt financing arrangements in respect of such assets.

Mr. Pinkusiewicz is ranked Band 1 by Chambers Global: The World’s Leading Lawyers for Business and Chambers USA: America’s Leading Lawyers for Business as a leading Public Private Partnerships and Projects practitioner, describing him as “unparalleled in the PPP space,” “client-oriented and commercially savvy,” “a force within the industry,” “one of the best in the market,” “very smart, thoughtful and solutions-oriented,” and saying that he “provides sound and trusted professional legal advice, is a creative thinker and is able to navigate through tough negotiations while protecting his client’s interest.” In the area of Project Finance, Mr. Pinkusiewicz has been recognized as a Law360 “MVP,” an “Expert” and “Global Elite Thought Leader” by Who’s Who Legal and as a leading attorney by IFLR1000. In addition, he is recommended by Best Lawyers in Brazil for Project Finance and Development and The Legal 500 Latin America in the areas of Banking & Finance and Capital Markets.

Mr. Pinkusiewicz is fluent in Spanish and Hebrew.

Recent Transactions*

Roads

  • Representation of Abertis Infraestructuras, S.A. (Abertis) in connection with $3.3B investment to upgrade, operate and maintain a portfolio of four toll roads in Puerto Rico. Awarded 2023 North America Transport Deal of the Year – Roads by IJ Global and 2023 North America PPP Deal of the Year by Proximo.
  • Representation of NTE Mobility Partners, LLC in connection with its debt financing to, among other things, finance certain capital expenditures required under North Tarrant Express project in Texas.
  • Representation of NTE Mobility Partners Segments 3 LLC, a subsidiary of Cintra Infrastructures, S.E. and the developer of the North Tarrant Express Segments 3A and 3B Facility, a managed toll lanes project on I-35W in the Dallas-Fort Worth region in Texas, in connection with the issuance of $654M of senior lien private activity bonds by the Texas Private Activity Bond Surface Transportation Corporation as conduit issuer, in order to finance, in part, the addition of the Segment 3C Facility Segment as a facility extension to the existing facility; and representation of the developer in its negotiation with the Texas Department of Transportation (TxDOT) for the change order and related amendment and restatement of the developer’s existing facility agreement and other project documents.
  • Representation of I-66 Express Mobility Partners LLC in connection with its bid for the concession awarded by the Virginia Department of Transportation to develop, design, construct, finance, operate and maintain express lanes and associated facilities and services along the I-66 corridor in Virginia. The transaction included the issuance of $737M senior lien private activity bonds by the Virginia Small Business Financing Authority and a $1.25B subordinated TIFIA loan from the U.S. Department of Transportation.
  • Representation of I-77 Mobility Partners LLC in connection with its bid and financing of the I-77 Hot Lanes Project in North Carolina. The transaction included the issuance of $100M private activity bonds and a $189M loan from the United States Department of Transportation.
  • Representation of US 460 Mobility Partners, a joint venture indirectly owned by Ferrovial Agromán S.A. and American Infrastructure, Inc., in connection with its negotiation of project documents related to and its bid to be the design build contractor for the U.S. Route 460 Corridor Improvements Project in Virginia and in connection with the $293M municipal bond offering by the Route 460 Funding Corporation of Virginia for the financing of such project.
  • Representation of Cintra Developments in various transactions, including:
    • the bid for the construction and financing of the SH 183 Toll Road Project in Texas.
    • the bid for the construction and financing of the SH 288 Toll Road Project in Texas.
    • the bid for the construction and financing of the Illinois Portion of the Illiana Corridor Project.
    • the bid for the construction and financing of the Indiana Portion of the Illiana Corridor Project.
  • Representation of Cintra Infraestructuras and Meridiam Infrastructure in various transactions, including:
    • the private activity bond and TIFIA financing of the LBJ Managed Lanes Project in Texas.
    • the bid for the West by Northwest Managed Lanes Project in Georgia.
  • Representation of Cintra Infraestructuras and Tikehau Capital North America, LLC, in connection with the bid for the development, design, construction, financing, operation, maintenance, and tolling of three new tolled, access controlled express lanes in Georgia.
  • Representation of Cintra Concesiones de Infraestructuras de Transporte and the JPMorgan consortium in respect of the financing for the SH 121 Toll Road in Texas.
  • Representation of the Cintra Concesiones de Infraestructuras de Transporte and the Macquarie Infrastructure Group consortium in respect of the bid process and the approximately $4B financing for the Indiana Toll Road.
  • Representation of Macquarie in the $445M sale of its remaining 50% stake in Virginia’s Dulles Greenway turnpike to Macquarie Atlas Roads Group.
  • Representation of LBJ Infrastructure Group LLC, the developer and operator of the IH 635 Managed Lanes Project in Dallas, Texas, on the $72.6M credit facility with Royal Bank of Canada, as lender and administrative agent.
  • Representation of the winning bidder in connection with the financing of the I-285 project in Georgia.
  • Representation of a consortium in connection with its bid for the US 36 Managed Lanes Project in Colorado.
  • Representation of a bidding sponsor in connection with the I-70 East Project in Colorado.
  • Representation of a consortium in connection with its bid for the I-4 Project in Florida.
  • Representation of MIP V International AIV, L.P., a fund of Macquarie Infrastructure Partners V, in the acquisition from Odinsa S.A. of ~50% equity interests in its road assets in Colombia, as well as the creation of a transportation infrastructure partnership to manage existing and develop new road projects in Colombia, Peru and Chile.
  • Representation of GS Infrastructure Partners II, an investment fund managed by the Merchant Banking Division of The Goldman Sachs Group, on the sale of its interest held in Autopistas Metropolitanas de Puerto Rico to Ullico Inc.
  • Representation of Autopistas Metropolitanas de Puerto Rico LLC (Metropistas), operator of the PR-22 toll road project in Puerto Rico, in various transactions, including:
    • class action litigation defense in respect of tolling practices.
    • the refinancing of its existing senior secured term loan credit facility with a new $335M term loan credit facility, and concurrent refinancing of its letter of credit facility.
    • the refinancing of $750M of outstanding senior debt through a Rule 144A/Regulation S offering of $435M in Senior Secured Notes.
    • $35M amendment to a concession agreement with the Puerto Rico Highways and Transportation Authority, under which Metropistas has a concession to operate the PR-22 and PR-5 toll roads, a new escrow agreement, and related consents from its senior lenders.
    • the amendment and extension of its $70M senior secured revolving letter of credit facility, pursuant to a second amended and restated credit agreement with Crédit Agricole Corporate and Investment Bank, ING Capital LLC and Intesa Sanpaolo S.p.A, New York Branch, as issuing lenders.
  • Representation of Red de Carreteras de Occidente, one of Mexico’s largest private highway concessionaires, in various transactions, including:
    • MXN $7.1B loan agreement with Banco Nacional de Obras y Servicios Públicos, Sociedad Nacional de Crédito, Institución de Banca de Desarrollo, as lender and administrative agent, and the extension of certain loan maturities under one of its other credit facilities.
    • its Rule 144A/Regulation S offering of MXN $7.5B in Senior Secured Notes.
    • the refinancing of its senior debt which included a MXN $8.13B issuance of Certificados Bursátiles which are listed on the Mexican stock exchange and the closing of a MXN $500M term loan facility; Red de Carreteras de Occidente, S.A.P.I.B. de C.V. owns the concession to build, operate and maintain the Maravatio-Zapotlanejo and Guadalajara-Aguascalientes-Léon highways in Mexico.
  • Representation of ICA in respect of its financings for the Corredor del Sur toll road project in Panama.
  • Representation of Odebrecht in respect of the financing for the Autopista del Coral toll road project.
  • Representation of Goldman Sachs and ICA consortium in respect of the $4.4B bid and financing of a package of four toll road assets in Mexico.
  • Representation of Cintra Concesiones de Infraestructuras de Transporte de Chile in connection with multiple financings, including the purchase of Sociedad Concesionaria Autopista del Bosque S.A., a Chilean toll road operator, and the issuance by the newly acquired company of guaranteed bonds in Chile.
  • Representation of Talca Chillán Sociedad Concesionaria, a Chilean toll road concessionaire, in connection with multiple financings, including a UF 5.65M bond offering in Chile and a UF 2.1M credit facility.
  • Representation of Ruta de la Araucania Sociedad Concesionaria, a Chilean toll road concessionaire, in connection with multiple financings, including a credit facility guaranteed by XL Insurance Ltd.
  • Representation of Autopista del Maipo Sociedad Concesionaria, a Chilean toll road concessionaire, in connection with multiple financings, including the $550M Rule 144A/Regulation S bond issuance and a foreign currency hedge agreement, each guaranteed by MBIA Insurance Corporation.
  • Representation of the International Finance Corporation and the Inter-American Development Bank in connection with two secured loan facilities made to Norvial S.A., a Peruvian toll road concessionaire.

Airports

  • Representation of JFK NTO LLC, the developer of the New Terminal One at John F. Kennedy International Airport (JFK), in its $2B municipal bonds issuance. The proceeds were used to finance and refinance a portion of the costs relating to Phase A of the Project. Awarded 2023 North America Transport Deal of the Year – Airport by IJ Global.
  • Representation of Ferrovial Airports in its acquisition of 96% of The Carlyle Global Infrastructure Fund’s 51% stake in the New Terminal One consortium, which will design, build and operate the new Terminal One at JFK International Airport in New York, a $9.5B project being developed under a lease with the Port Authority of New and New Jersey running until the end of 2060. The project was awarded 2022 PPP Deal of the Year by Infrastructure Investor, 2022 Transportation Deal of the Year by Project Finance International (PFI) and 2022 North America Transport Deal of the Year – Overall Winner by IJ Global.
  • Representation of Macquarie on its $303K agreement with Odinsa, a concessions company of infrastructure holding company Grupo Argos, to create an investment platform to manage the airport assets of the Grupo Argos concession company in Colombia and the region.
  • Representation of the Ferrovial Airports in connection with the Great Hall Project at Denver International Airport in Colorado.
  • Representation of Macquarie and JPMorgan in connection with the bid process for the privatization of the Chicago Midway International Airport in Illinois.
  • Representation of The Related Companies in an investment in a consolidated rental car (ConRAC) facility at Newark International Airport.
  • Representation of a consortium in connection with a bid for the privatization of the Luis Munoz Marin International Airport in Puerto Rico.

Ports

  • Representation of Macquarie in connection with the sale of Ceres Terminals Holdings, owner, manager, and operator of a diversified portfolio of marine terminal assets across North America, to Carrix, a leading marine terminal operator in the U.S. and the Americas.
  • Representation of MIP III Bluefin A Holdco LLC, special purpose vehicle of Macquarie, on its agreement to sell its 49% stake in NYK Ports LLC, which operates a port terminal at the Port of Los Angeles.
  • Representation of Ceres Terminal Holdings LLC, a leading provider of stevedoring and terminal operation services, in its acquisition of 100% of the outstanding equity interests of TraPac Jacksonville, LLC, the operator of a marine terminal in the Port of Jacksonville, from MOL (Americas) Holdings Inc, as well as the related negation of a new operating and lease agreement with the Jacksonville Port Authority.
  • Representation of NYK Ports LLC in the restructuring and refinancing of its existing senior secured credit facilities.
  • Representation of Maher Terminals, a multi-user marine container terminals operator and portfolio company of Macquarie Asset Management (Macquarie), as borrower on the $513M amendment and extension to its senior secured credit facilities, and on the $200M increase to its capital expenditure facility under an existing senior secured loan agreement.
  • Representation of Macquarie in the acquisition of Maher Terminals USA, a 454-acre multi-user container terminal in Port Elizabeth, New Jersey from Deutsche Bank, and in related senior credit facilities to finance, in part, the acquisition.
  • Representation of Macquarie Infrastructure and Real Assets (MIRA) as buyer, in respect of (i) the acquisition of International Transportation Service, Inc., the operator of a shipping terminal in the Port of Long Beach, from Kawasaki Kisen Kaisha, Ltd., a Japanese shipping line, and Ports America Terminal Holdings II, Inc., as sellers, (ii) concurrent entry into a joint venture in respect of Husky Terminal and Stevedoring, LLC, the operator of a shipping terminal in the Port of Tacoma, and (iii) related senior secured credit facilities for both terminal operators.
  • Representation of MIP III (ECI) AIV, L.P. in the buyout from NYK Ports LLC of its minority equity interest in Maher Terminals LLC.
  • Representation of LBCT LLC, the operator of the Long Beach Container Terminal, as borrower, in respect of a $200M increase to its existing term loan credit facility and a $50M increase to its existing capital expenditure facility.
  • Representation of Olivia Holdings, LLC, a subsidiary of Macquarie Infrastructure Partners IV, L.P., (i) as buyer in respect of the acquisition and related financing of Long Beach Container Terminal, Inc., from Orient Overseas Container Line Ltd. (OOCL), and (ii) entry by LBCT LLC into a container stevedoring and terminal services agreement with OOCL providing a 20-year minimum volume commitment from OOCL to deliver containers to the terminal, and (iii) the related senior secured bank financing transactions.
  • Representation of MIP III Bluefin B Holdco in its buyout of the equity interests held by joint venture partner NYK Holding Company in NYK Terminals (North America), a provider of stevedoring and terminal operations services.
  • Representation of MIP III Bluefin A Holdco LLC and MIP III Yellowtail Intermediate LLC in a collective buyout of the Series C equity interests held by MIP III Bluefin A Holdco’s JV partner, NYK Energy Transport USA, a maritime company.
  • Representation of Pipeline Investment Limited (PIL), as borrower, and Frontera ODL Holding Corp., Frontera Bahía Holding Ltd. and Sociedad Portuaria Puerto Bahía S.A. (Puerto Bahía) as guarantors, under a $30M senior secured delay draw term loan accordion tranche of a $150M credit facility from a syndicate of lenders arranged by Macquarie Bank Limited to finance the construction of the Reficar Refinery Connection Project by Puerto Bahía, a liquid and general cargo terminal operator in the Bay of Cartagena.
  • Representation of Compañía de Puertos Asociados (COMPAS), a Colombian port operator, in its credit facility to refinance the company’s outstanding indebtedness, fund capital expenditures and general corporate purposes.
  • Representation of Goldman Sachs fund, West Street Infrastructure Partners III, in its $138M acquisition of a 50% stake in Compania de Puertos Asociados, a port operator, from Grupo Argos, an infrastructure investment company.
  • Representation of Pipeline Investment Limited, Frontera ODL Holding, Frontera Bahía Holding, and Sociedad Portuaria Puerto Bahía S.A. as guarantors on a $120M term loan to refinance existing indebtedness of Puerto Bahía, a liquid and general cargo terminal operator in the Bay of Cartagena.

Bridges & Tunnels

  • Representation of Bridging Pennsylvania Constructors, an unincorporated Joint Venture of Shikun & Binui – America Inc. and FCC Construction, Inc. on the Design-Build Contract entered into with Bridging Pennsylvania Developer I, LLC in respect of the first package of the Major Bridge P3 program of the Pennsylvania Department of Transportation to replace six bridges across the Commonwealth of Pennsylvania and its financing. Awarded 2022 North America Transport Deal of the Year – Roads by IJ Global.
  • Representation of NYNJ Link, a joint venture between MIP III GB AIV, L.P., a fund managed by Macquarie Infrastructure and Real Assets Inc., and Kiewit Development Company, in connection with its successful bid for the 35-year concession awarded by the Port Authority of New York and New Jersey to design, construct, operate and maintain a replacement Goethals Bridge connecting Staten Island, New York with Elizabeth, New Jersey and demolish the existing Goethals Bridge, and in connection with the issuance of $460.9M in tax-exempt private activity bonds and a $474M loan facility with the U.S. Department of Transportation.
  • Representation of Cintra Holdings US Corp, Meridiam Infrastructure North America, and VINCI Highways S.A.S., collectively the Sponsors, in connection with their bid for the State of Louisiana I-10 Calcasieu River Bridge P3.
  • Representation of Cintra Developments LLC and Macquarie Infrastructure and Real Assets Inc., the shareholders of Skyway Concession Company LLC, the concessionaire and operator of the Chicago Skyway bridge toll facility, in the sale of the equity interests of the concessionaire to CPPIB, OMERS and OTPP.
  • Representation of Skyway Concession Company LLC, the concessionaire and operator of the Chicago Skyway Toll Bridge System in Chicago, Illinois, in connection with a $1.4B Senior Secured Note offering, guaranteed by Financial Security Assurance Inc.
  • Representation of Cintra Developments in connection with the bid process to become the developer of the Portsmouth Bridge replacement project in Ohio.
  • Representation of Macquarie in respect of the financing for the Port Mann Bridge project in Vancouver, Canada.
  • Representation of a consortium in connection with the bid process to become the developer of the Rapid Bridge Replacement Project in Pennsylvania.
  • Representation of a monoline insurer in connection with the financing for the Miami Tunnel project.

Rail

  • Representation of Purple Line Transit Partners LLC, the concessionaire in respect of the Purple Line Light Rail Project in Maryland, in connection with the issuance of approximately $643.5M aggregate principal amount of private activity revenue bonds by the Maryland Economic Development Corporation as conduit issuer and with a subordinated TIFIA loan of up to approximately $1.760B (excluding capitalized interest) from the U.S. Department of Transportation. Awarded 2023 North America Restructure Deal of the Year by IJ Investor and 2022 North America Transport Deal of the Year – Restructure by IJ Global.
  • Representation of Stonepeak in the potential acquisition of the Florida East Coast Railway.
  • Representation of the Related Companies in the financing of the Hudson Yard’s WRY Platform.
  • Representation of a client in connection with a bid for the Los Angeles World Airports Automated People Mover System Project.

Digital Infrastructure

  • Representation of AT&T and BlackRock Alternatives, through a fund managed by its Diversified Infrastructure business, in their joint venture to form Gigapower, LLC, a provider of state-of-the-art fiber networks to homes and businesses across the U.S. Awarded 2023 Americas Digital Deal of the Year by Project Finance International (PFI); 2023 North America Digital Infrastructure Deal of the Year – Fiber by IJ Global; and 2023 North America Fiber Deal of the Year by Proximo.
  • Representation of Unison US SPV II, a subsidiary of Ardian USTelco, a private investment firm, and Harmony Investco Holdco, on a $105M term and revolving loan secured credit facility, for use in Unison’s US telecommunications, fiber and renewables-related rights and assets acquisitions and expansion of investments.
  • Representation of Ardian in connection with the negotiation of a 50/50 joint venture with Unison Wireless to acquire and manage real estate around the world that hosts wireless infrastructure assets.
  • Representation of UBS in connection with the initial public offering of Ituran Location and Control Ltd., a provider of location-based services and wireless communication products.
  • Representation of Ardian Infrastructure, a private investment firm, on its agreement to acquire a 50% co-control equity interest in MXT Holdings, a Mexico-based telecommunications infrastructure company.
  • Representation of Deutsche Bank AG, in various transactions, including:
    • its London Branch in connection with the refinancing of a senior term loan facility of Telecom Argentina S.A. with senior notes.
  • $286M note offering issued by Cablevisiόn, S.A., a cable television and broadband systems provider in Argentina.

Water

  • Representation of Poseidon Resources (Channelside), a private water project developer, on its $328.5M debt refinancing for ongoing matters at Claude “Bud” Lewis Carlsbad Desalination Plant, its reverse osmosis seawater desalination plant supplying potable water to the San Diego County Water Authority in California. Awarded 2023 North America Water Deal of the Year – Desalination by IJ Global.

Energy & Power

  • Representation of Meridiam in various transactions, including:
    • an agreement to develop a biodigester project, located in the State of Idaho and related shareholder and other arrangements. The project consisted of the acquisition of an existing biogas facility as well as the upgrade of the same to produce RNG that is marketed under the renewable fuel standard programs in the federal and CA markets.
    • a joint development agreement for electricity transmission joint ventures in the U.S. with Terna Group, an Italian energy transmission grid operator, and Boundless Energy, a developer of transmission projects.
  • Representation of Meridiam Campus Energy Partners, LLC in connection with the financing for the University of Iowa campus energy P3 project.
  • Representation of Deutsche Bank, JP Morgan and Nomura as lenders’ counsel in respect of amendments to a loan facility to Desarrolladora Energetica S.A., an electricity transmission company in Argentina. This follows on from earlier representation of Deutsche Bank and JPMorgan as lenders on the $475M credit facility to Desarrolladora Energetica and Empresa Inversora Energetica S.A, Desarrolladora Energetica’s holding company.
  • Representation of Deutsche Bank Securities, Credicorp Capital, Citigroup, Morgan Stanley and Scotiabank as initial purchasers and Interbank as co-manager in connection with the issuance of $550M Senior Notes by Orazul Energy Egenor S. en C. por A.
  • Representation of Deutsche Bank AG with Banco de Credito del Peru, The Bank of Novia Scotia and Banco Internacional del Peru S.A.A. as lenders in connection with a $450M senior secured credit facility to Orazul Energia Partners S.A.C. to finance its purchase of all of the business of Duke Energy International Group S.a r.l. in Peru.
  • Representation of Citigroup Global Markets, Inc. in connection with its $300M Senior Secured Credit Facility to Puma Energy Centam, a petroleum wholesaler engaged in downstream oil and gas activities in Central America.
  • Representation of five underwriters in connection with the $300M bond financing of the Mexican Wind Farms, Oaxaca II and Oaxaca IV. Named Project Finance Magazine’s 2012 Latin American Project Bond Deal of the Year.
  • Representation of Citigroup and JP Morgan in connection with a $250M guaranteed note offering issued by Pan American Energy LLC, Argentine Branch, a company engaged in the exploration, development and production of oil and gas.
  • Representation of Deutsche Bank Securities in connection with a $100M guaranteed note offering issued by Pan American Energy LLC, Argentine Branch, a company engaged in the exploration, development and production of oil and gas.
  • Representation of lenders in connection with various credit facilities for oil and gas drilling projects in Mexico.
  • Representation of Ardian on its acquisition of the Peruvian hydropower business of Latin America Power Holding B.V.

Social Infrastructure

  • Representation of Ardian US LLC in its partnership with Indigo Group to form Clermont, a new Canadian joint venture formed to invest in parking assets. As part of the partnership, Indigo contributed its Canadian-owned properties to Clermont while retaining the operations for each of the properties through Indigo Park Canada. Ardian and Indigo will deploy additional equity over the long term, acquiring parking assets, as well as long-term concessions and leases. Indigo will manage the operations of these assets.
  • Representation of Meridiam Infrastructure on the acquisition and related financing of remaining equity interest in Montreal Research Center Project from QIC.
  • Representation of Macquarie Infrastructure Partners V, a fund managed by Macquarie Asset Management, in connection with its acquisition of a 50% interest in a portfolio of eight Massachusetts hospitals from Medical Properties Trust, Inc., a publicly listed REIT, in a transaction that values the portfolio at $1.78B.
  • Representation of the sponsors in respect of the bid for the Harrisburg Parking System in Pennsylvania.
  • Representation of Cintra Concesiones de Infraestructuras de Transporte and other sponsors in respect of the bid for the Chicago Downtown Metered Parking System, the Pennsylvania Turnpike and Alligator Alley in Florida.

Latin America

  • Representation of affiliate of Gramercy Funds Management LLC, as lender, in a credit facility with MNJ Capital, S.A. de C.V., SOFOM, E.N.R, as borrower for development and construction agreements secured by assets in Mexico.
  • Representation of GraMex Investment Holdings, an investment vehicle managed by Gramercy Funds Management and lender to Mexican oil and gas pipeline projects, in various transactions, including:
    • as borrower under $75m senior secured revolving credit facility, pursuant to a credit agreement with Nomura Corporate Funding Americas, LLC, as lender, and The Bank of New York Mellon, as administrative agent and collateral agent.  Proceeds of credit facility from Nomura will be used to fund various project specific credit facilities from GraMex, the loans under which are used to finance oil and gas drilling projects undertaken by certain Mexican companies under contracts with Pemex.
    • as lender in respect of establishment of a $44.59M credit facility to MNJ Capital, S.A. de C.V., SOFOM, E.N.R.
    • on three credit facilities totaling $348.6M to Permaducto S.A. de C.V., a contractor.
    • as lender on a $110M amendment and extension of a credit facility to MNJ Capital, S.A. de C.V., SOFOM, E.N.R., a financial institution to the Mexican infrastructure and oil sectors.
    • as lender on a $114M amendment and extension of a credit facility to MNJ Capital, S.A. de C.V., SOFOM, E.N.R., financial institution to the Mexican infrastructure and oil sectors.
  • Representation of Morgan Stanley Senior Funding, Inc. as lender and arranger in the establishment of a $75M senior secured credit facility to Galileo Technologies Corporation, in a cross-border transaction secured by collateral in the United Stated, United Kingdom, Argentina and Brazil.
  • Representation of Meridiam Latam Holdings, an investment vehicle of Meridiam Infrastructure North America Fund II, as borrower on a $20M credit facility to partially refinance indebtedness of Sociedad Concesionaria Metroplitana de la Salud S.A., a public works concessionaire of a hospital project in Chile.
  • Representation of CVI Investment Holdings Limited as lender in connection with a senior secured bridge loan facility in the aggregate principal amount of $63.4M to Supercanal, S.A., an Argentine company in the business of providing cable service.
  • Representation of Grupo Financiero Galicia, a financial services holding company, in various transactions, including:
    • its $632.5M offering of Class B Ordinary Shares.
    • its initial public offering in the United States.
  • Representation of Tarjeta Naranja S.A., one of the largest credit card companies in Argentina, in various transactions, including:
    • the issuance of $250M Floating Rate Peso-linked notes due 2022.
    • a $200M bond issuance.
    • several Regulation S bond offerings.
  • Representation of Banco de Galicia y Buenos Aires in various transactions, including:
    • Rule 144A/Regulation S offering of $250M of Subordinated Resettable Notes.
    • the issuance of $300M Senior Notes due 2018.
    • the restructuring of its external dollar-denominated indebtedness, which was in the form of both a bank financing and a bond financing.
  • Representation of Caesars Entertainment Operating Company in connection with the sale of Baluma S.A., the Caesars subsidiary which owns and operates the Conrad Punta Del Este Resort and Casino in Punta Del Este, Uruguay to Enjoy S.A., a casino resort operator in Chile.
  • Representation of Tarjetas Cuyanas, an Argentine credit card company, in connection with a Regulation S bond offering.
  • Representation of Deutsche Bank in respect of various bank financing transactions in Mexico, Chile, and Colombia.
  • Representation of a lender in connection with a loan facility to a Peruvian construction company.

*Some of these representations occurred prior to Mr. Pinkusiewicz’s association with Gibson Dunn.

Candice Choh is Co-Partner in Charge of the Century City and Los Angeles offices of Gibson Dunn where she practices in the firm’s Transactional Practice Group. Candice is also co-head of the firm’s GP Solutions Practice Group. She has a broad-based practice encompassing public and private company mergers and acquisitions across a wide variety of industries and other private equity transactions, including investment fund formation, co-investments, secondary transactions, and investments in sponsors. Candice regularly counsels private equity sponsors on firm structuring and internal governance matters.

In addition, Candice provides corporate and transactional advice to a variety of non-profit organizations including the Barbara Bush Foundation for Literacy, the Center Theatre Group, and the Boys & Girls Club of Metro Los Angeles, among many others.

Candice currently serves on the Executive Committee of the Business and Corporations Law Section of the Los Angeles County Bar Association. She is a member of Gibson Dunn’s Diversity Committee, Partnership Evaluation Committee, and Business Development Committee. She was previously appointed by Los Angeles Mayor Antonio Villaraigosa to serve a term on the Los Angeles Convention Center Authority.

Candice graduated from the University of Pennsylvania in 1997, receiving a B.A. in International Relations. She earned her law degree from the University of Southern California Law School in 2002, was a senior editor on the Southern California Law Review, and was elected to the Order of the Coif.

Candice is admitted to practice in the State of California.

Frédéric Chevalier is an associate in the Paris office of Gibson Dunn where he is a member of the firm’s Mergers & Acquisitions, Private Equity, Securities Regulation, and Corporate Governance Practice Groups.

Frédéric focuses his practice on corporate transactions, including mergers and acquisitions, private equity transactions, as well as corporate governance matters. He has strong experience in securities law, especially regarding public tender offers, governance issues, as well as strategic or complex transactions involving listed companies.

He has advised clients from a variety of sectors, with a particular focus on the TMT sector. Over the years, he has worked on a wide range of transactions such as acquisitions, disposals, investments, group reorganizations, LBOs, joint-ventures or assets transactions, including in cross-border contexts.

Prior to joining Gibson Dunn in 2022, Frédéric practiced in Darrois Villey Maillot Brochier’s Mergers & Acquisitions department.

Admitted to the Paris Bar since 2015, he graduated with honors in 2014 with a Master in Management & Business Law from HEC Paris, and an advanced master’s degree (Master 2) in Business Law and Taxation from Paris I Panthéon-Sorbonne University.

He speaks French and English fluently.

Kevin Chapman is an associate in the Washington, D.C. office of Gibson Dunn. He currently practices with the firm’s Transactional Department.

Before joining Gibson Dunn, Kevin served as a judicial law clerk to the Honorable Stephanos Bibas of the United States Court of Appeals for the Third Circuit.

Kevin earned his law degree with high honors from the University of Chicago Law School, where he was elected to the Order of the Coif. During law school, he served as an articles editor on the University of Chicago Law Review. Kevin earned a Master of Studies in Ancient Philosophy from the University of Oxford and a Bachelor of Arts in Philosophy, summa cum laude, from Wake Forest University.

Kevin is a member of the Utah State Bar and the District of Columbia Bar and is admitted to practice before the United States Court of Appeals for the Third Circuit.