Luke A. Dougherty is a senior associate in the Denver office of Gibson, Dunn & Crutcher. He is a member of Gibson Dunn’s Litigation Practice Group and focuses on complex commercial litigation, securities litigation and enforcement, and white collar defense and investigations.
Representative matters include:
- Defending national pipeline company and certain officers and directors in securities class action challenging statements regarding pipeline construction projects.
- Defending majority stockholder in lawsuit seeking to prevent sale of medical device company and post-acquisition lawsuit alleging breach of fiduciary duties and related claims.
- Represented special litigation committee of the board of a pharmaceutical wholesaler and service provider in litigation of derivative Caremark claims regarding board oversight of company compliance program, resulting in dismissal by the Delaware Court of Chancery and summary affirmance by the Delaware Supreme Court.
- Defended biopharmaceutical company and certain of its officers and directors in securities class action based on alleged misstatements and omissions regarding a data integrity breach.
- Represented special litigation committee created by the board of a publicly traded, national restaurant chain to investigate allegations of insider trading and breach of fiduciary duties arising from the sale of $118 million of company stock, resulting in dismissal by the Delaware Court of Chancery and affirmance by the Delaware Supreme Court.
- Represented global nutrition company in an investigation before the DOJ and SEC of potential FCPA violations, as well as in an investigation before the SEC relating to its public disclosures regarding the business model of certain foreign subsidiaries.
Luke earned his Juris Doctor from the University of Pennsylvania Law School in 2017, where he was a Senior Editor of the University of Pennsylvania Law Review. He also received his Bachelor of Science, summa cum laude, in Environmental Policy from Rutgers University in 2014.
Luke is admitted to practice in the State of Colorado and State of New York.
Martie Kutscher Clark is a partner in Gibson Dunn’s Palo Alto office. She represents leading technology companies in complex, high-stakes litigation and regulatory enforcement matters, with a focus on consumer protection, data privacy, advertising technology, and algorithmic bias. She has also litigated a number of “bet-the-company” founders’ disputes, securities actions, and wiretap disputes.
Martie is known for her ability to handle novel legal questions arising from emerging technologies, providing strategic counsel that anticipates future risks. Her skill in distilling complex technological concepts into clear, persuasive arguments has made her a sought-after litigator in cases requiring nuanced explanations of intricate technologies to courts and factfinders, and her results-driven focus and strategic approach have made her a trusted advocate and advisor for many of Silicon Valley’s most innovative companies.
Martie has been named to Lawdragon’s 2024 “500 X—The Next Generation” list, which recognizes “those who will define where the legal profession of our country goes.” She was named in 2024 as one of the top 40 lawyers under 40 in California by The Daily Journal, and The Best Lawyers in America® recognized her as “One to Watch” in 2022 and 2023.
Select Representative Matters:
- Representing Meta and its officers in a series of putative class actions, government enforcement actions, and shareholder derivative litigation relating to data privacy issues arising out of the Cambridge Analytica events.
- Representing global technology company in non-public advertising technology investigations by federal regulators.
- Secured dismissal of California UCL claims against leading technology company alleging undisclosed data-sharing, in an opinion holding the data-sharing claims did not establish standing under the UCL or Article III.
- Secured dismissal of data-sharing claims against leading technology company in opinion holding the company is not responsible for third-parties’ violations of its policies.
- Represented gig-economy company in non-public investigations by state attorney generals regarding consumer disclosures.
- Secured dismissal on the pleadings of putative securities fraud class action regarding electric vehicles on behalf of leading venture capital firm and its Board in a published Seventh Circuit opinion expanding the scope of available defenses at the pleading stage.
- Successfully defended global technology company in litigation regarding the scope of the Wiretap Act and Communications Assistance for Law Enforcement Act and continued representation in related appeal to the Ninth Circuit.
- Successfully defended leading social media company against claims arising from a high-profile founders’ dispute and obtained affirmance on appeal.
- Obtained favorable settlement for transportation start-up and its Board in a founders’ dispute concerning trade secrets, employee solicitation, and equity distribution.
- Successfully defended a blockchain-based predictions platform in a founders’ dispute regarding equity and token distribution.
- Obtained favorable settlement for global technology company and its co-founders in connection with patent infringement, trade secret, fraud, and joint venture claims in a high-profile founders dispute.
- Obtained a favorable settlement on behalf of a leading mobile gaming company in an action concerning high speed, cloud-based technology and equity distribution.
- Strategized a pre-enactment challenge to a proposed ordinance targeting a peer-to-peer ridesharing company.
Pro Bono and Community: Martie has an active pro bono practice that includes developing impact litigation regarding anti-WOKE legislation, developing impact litigation regarding police brutality, bringing constitutional claims on behalf of prison inmates, and representing immigration clients in removal proceedings. Martie also sits on the Board of Directors of Biotech Partners.
Clerkships: Prior to joining Gibson Dunn, Martie served as a law clerk to the Honorable Milan D. Smith, Jr. of the United States Court of Appeals for the Ninth Circuit and as a law clerk to the Honorable Legrome D. Davis of the United States District Court for the Eastern District of Pennsylvania.
Education: Martie graduated as a James Kent Scholar from the Columbia University School of Law in 2012. She holds a Bachelor of Arts degree in Government from Dartmouth College, where she graduated magna cum laude and was admitted as a member of the Phi Beta Kappa Society.
Admissions: Martie is admitted to practice law in the states of California, New Jersey, and New York. She is a member of the bars of the United States Courts of Appeals for the Seventh and Ninth Circuits and the United States District Courts for the Central, Northern, and Eastern Districts of California, and the Eastern District of Wisconsin.
Ryan Kim is a partner in the New York office of Gibson, Dunn & Crutcher. He is spearheading the firm’s private credit initiatives and focuses on advising creditors, asset managers and alternative capital sources on all aspects of financing transactions.
Ryan has a comprehensive and distinctive practice that spans the full life cycle of a credit investment, from capital deployment to liability management transactions and in-court and out-of-court restructurings for debtors and creditor groups. Ryan has extensive experience with leveraged acquisition and recapitalization transactions, syndicated loan financing, cash flow and asset-based lending, rescue financings, debtor-in- possession financings, out-of-court and in-court restructurings and special situation opportunities. He is particularly active in representing clients in the tech industry and is a market leader in the growth capital space and in middle market investments, including representing business development companies and opportunistic capital providers.
Awards and Accolades:
- New York Law Journal New York Legal Awards, “Rising Star” (2023)
- Euromoney’s Expert Guides, “Rising Star” (2022)
- The Deal, “Rising Star” (2021)
Representative Clients and Transactions*
Private Credit / Direct Lending
- Represented Vista Credit Partners as agent and lender in connection with a $340 million financing for a leading provider of life and annuity insurance technologies and a portfolio company of Eldridge Industries.
- Represented Vista Credit Partners as agent and lender in connection with a $108 million growth capital for a Dutch-based innovative hospitality management systems provider.
- Represented Vista Credit Partners as agent and lender in connection with a $125 million financing for a global leader in automated data movement.
- Represented Vista Credit Partners as agent and lender in connection with a $125 million financing for a leading healthcare data analytics platform.
- Represented Vista Credit Partners as agent and lender in connection with a $105 million financing for the largest global platform for working capital.
- Represented Kennedy Lewis Investment Management in connection with a $550 million senior secured term loan facility for an advanced energy management and generation company.
- Represented Kennedy Lewis Investment Management in connection with a $450 million senior secured term loan credit facilities to Eastman Kodak Company and its affiliates in connection with a refinancing of its existing debt.
- Represented Kennedy Lewis Investment Management in connection with a $50 million growth investment in Douglas Elliman Inc.
- Represented Brightwood Capital Advisors and Stone Point Credit as lenders under a $650 million unitranche credit facility in connection with a dividend recapitalization transaction of Giving Home Healthcare, a portfolio company of FS Investments.
- Represented Neuberger Neuman as lender in connection with a $150 million investment, comprised of $75 million term loan and $75 million convertible debt for a Canadian-based provider of restaurant management POS systems.
- Represented Neuberger Neuman as lender in connection with a $200 million term loan and delayed draw facilities for a leading wearable health and fitness tracking company.
- Represented UBS O’Connor as lenders to AE Industrial Partners in connection with its acquisition of a global specialty chemical company.
- Represented UBS O’Connor as lenders to Astara Capital Partners in connection with its acquisition of a leading building solutions company.
- Represented Turning Rock Partners in connection with growth capital investment to support Callaway Hudson Partners’ acquisition of ICON Parking.
- Represented Western Asset Management Company as lenders in connection with its investments in insurance wrapped notes.
Restructuring
- Represented Angelo Gordon and an ad hoc group of lenders in connection with a liability management transaction of a global tools and equipment company.
- Represented UBS O’Connor in connection with a debt for equity exchange and a change of control transaction in a marketing cloud and data analytics company.
- Represented Vista Credit Partners as agent and lender in connection with a $150 million conversion of hybrid equity to a senior secured term loan investment in a leading adtech company.
- Represented a consortium of lenders in connection with a strict foreclosure of assets securing first lien and second lien credit facilities of a healthcare company.
- Represented Kennedy Lewis in connection with a strict foreclosure of assets securing its senior secured credit facility of a fitness franchise.
- Represented an ad hoc group of first lien lenders and DIP financing lenders of Foresight Energy LP in connection with a restructuring of more than $1.4 billion of debt.
- Represented a consortium of hedge funds in connection with $1.0 billion second lien financing of SunEdison, Inc. and an ad hoc group of DIP lenders and rights offering backstoppers in the subsequent bankruptcy proceedings SunEdison, Inc. involving over $2.3 billion of gross asset sales.
- Represented an ad hoc group of first lien lenders of Walter Energy in connection with its $3.1 billion restructuring of Walter Energy through a 363 credit bid, and its successor company, Warrior Met Coal, in connection with a $125 million asset-based revolving credit facility, NYSE IPO and a $350 million offering of senior secured notes.
- Other matters include representing an ad hoc committee of senior unsecured noteholders in the bankruptcy proceedings of Pacific Gas and Electric Company, an ad hoc group of secured lenders in the bankruptcy proceedings of True Religion Apparel, Inc., an ad hoc group of noteholders in the bankruptcy proceedings of Hercules Offshore, and an ad hoc group of lenders in the restructuring and sale of Endeavour Energy.
Ryan earned his Juris Doctor from Columbia Law School where he was named a Harlan Fiske Stone Scholar. He received his Bachelor of Arts, with honors, from Johns Hopkins University.
*Includes work performed at a previous firm.
Alexandra Joseph is an associate in the Denver office of Gibson, Dunn & Crutcher and works with the Los Angeles office and the Firm’s Real Estate Practice Group.
Alex represents borrowers, lenders, private equity funds, REITs, real estate investors, developers and operators in all areas of real estate. Alex has a broad range of experience in all types of real estate matters, including negotiating and structuring real estate acquisitions, dispositions, joint ventures, developments, financings and commercial leasing involving all commercial real estate asset classes, including office, multifamily, hotel/hospitality, vacant land, industrial, mixed-use buildings, retail and shopping centers. Alex also works closely with the Real Estate Disputes Group to negotiate and settle contractual real estate disputes before they ripen into litigation.
Alex earned her Juris Doctor from UCLA School of Law. While in law school, Alex served as a Senior Editor of the UCLA Law Review and as a writing advisor for first year law students. Prior to law school, she graduated magna cum laude from University of California, San Diego with a Bachelor of Arts degree in History.
Prior to joining Gibson Dunn, Alex practiced as a corporate associate at Simpson Thacher & Bartlett in Los Angeles. She is admitted to practice law in California and Colorado.
Brandon Simon is an associate attorney in the New York office of Gibson, Dunn & Crutcher and is a member of the firm’s Real Estate Practice Group.
Brandon received a Juris Doctor, cum laude, from the Benjamin N. Cardozo School of Law. He received a Bachelor of Arts in International Studies from the University of Michigan.
Brandon is admitted to practice law in the State of New York.
Michael R. Dziuban is a senior associate in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he practices in the firm’s litigation department. He represents and counsels clients in white-collar defense and civil enforcement matters, including investigations and lawsuits under the False Claims Act and related state laws. Michael has advised healthcare companies, government contractors, technology companies, and individual executives at various stages of False Claims Act enforcement, engaging with both government agencies and qui tam relators. He has particular experience handling False Claims Act matters for clients participating in federal healthcare programs, including cases involving allegations of the Anti-Kickback Statute and requirements related to coverage for prescription drugs. Additionally, Michael regularly advises clients on corporate compliance matters related to healthcare fraud and abuse laws.
As part of his broader practice, Michael has guided clients through government and internal investigations under anti-corruption and anti-money laundering laws, advised clients in government contracts disputes, and counseled companies on their corporate compliance programs. He has also dedicated significant time to pro bono criminal defense work at Gibson Dunn, serving on two teams that each won the firm’s Frank Wheat Memorial Award. One of those matters culminated in the release of a client after 20 years of wrongful imprisonment.
Michael received his law degree cum laude from Harvard Law School in 2015. Between college and law school, he worked in the Middle East Program at the Center for Strategic and International Studies in Washington, D.C., where he researched and wrote on U.S. policy in the Middle East.
He is admitted to practice in the District of Columbia and the Commonwealth of Virginia.
Rachel Baron is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. She practices in the firm’s Litigation Department with a focus on FDA and Healthcare, Consumer Protection, and White Collar Defense and Investigations.
Prior to joining Gibson Dunn, Rachel was a Trial Attorney at the Department of Justice in the Consumer Protection Branch. Her experience includes handling criminal and civil enforcement actions involving the Federal Food, Drug, and Cosmetic Act, the Federal Trade Commission Act, and numerous fraud laws.
Rachel received her law degree cum laude from the Georgetown University Law Center in 2018. She earned her undergraduate degree in English Language and Literature from the University of Virginia.
She is admitted to practice law in the District of Columbia.
Chaim (Ben) Lieberman is an associate in the New York office of Gibson, Dunn & Crutcher and is a member of Gibson Dunn’s Real Estate Practice Group. Ben’s practice covers a broad range of real estate transactions, including acquisitions and dispositions, joint ventures, financings, leasing, development, and loan workouts and recapitalizations. His experience includes single and multi-property transactions with a wide variety of real estate assets, including office buildings, hotels, shopping centers and multi-family apartment complexes.
Prior to joining Gibson Dunn, Ben was an associate of the Real Estate Department of Willkie Farr & Gallagher LLP.
Ben received his Juris Doctor in 2020 from Columbia Law School, where he was named a Harlan Fiske Stone Scholar.
Ben is admitted to practice in the State of New York and State of New Jersey.
Lochlan F. Shelfer focuses on Supreme Court, appellate, constitutional, and administrative-law litigation. He represents clients in a wide range of high-stakes appellate and trial matters, including numerous Supreme Court cases. His practice includes litigating cutting-edge constitutional issues, challenging governmental regulations and actions, suing foreign sovereigns, and other complex litigation matters. Lochlan has argued numerous cases before the federal courts of appeals, including before the en banc Fifth Circuit. He has been named in Best Lawyers: Ones to Watch® in America multiple times in three separate practice areas: Appellate Practice, Entertainment and Sports Law, and Administrative and Regulatory Law.
His representations have included numerous high-profile victories, including:
- Opati v. Republic of Sudan, 140 S. Ct. 1601 (2020) – Persuaded the Supreme Court to reinstate $4.3 billion in retroactive punitive damages against the Republic of Sudan for its material support of terrorist activity.
- Bank Markazi v. Peterson, 136 S. Ct. 1310 (2016) – Successfully represented victims of state-sponsored terrorism against the government of Iran, defeating a separation-of-powers challenge to a federal statute and thereby enabling execution against nearly $2 billion in assets.
- In re. Fin. Oversight & Mgmt. Bd. for P.R., 104 F.4th 367 (1st Cir. 2024) – Resurrected bondholders’ $8.5 billion claim against Puerto Rico, persuading First Circuit to reverse district court.
- Consumer Fin. Protection Bureau v. All Am. Check Cashing, Inc., 33 F.4th 218 (5th Cir. 2022) (en banc) (argued) – Secured vacatur of the district court’s decision, and persuaded five judges to pen a concurrence arguing that the CFPB’s funding scheme is unconstitutional.
- N.H. Lottery Comm’n v. Rosen, 986 F.3d 38 (1st Cir. 2021) – In a major victory for online gaming, the First Circuit rejected the United States’ interpretation of the Wire Act as applying broadly to non-sports gambling, and instead adopted Gibson Dunn’s position that the Act applies only to sports betting.
- Owens v. Republic of Sudan, 924 F.3d 1256 (D.C. Cir. 2019); 864 F.3d 751 (D.C. Cir. 2017) – Persuaded the D.C. Circuit to uphold nearly $6 billion in damages against Sudan for materially supporting al Qaeda’s 1998 bombings of the U.S. embassies in Nairobi, Kenya and Dar es Salaam, Tanzania.
- PHH Corp. v. Consumer Financial Protection Bureau, 881 F.3d 75 (D.C. Cir. 2018) (en banc) – Prevailed in the first-ever appellate challenge to a CFPB enforcement proceeding, vacating the CFPB’s $109 million order on numerous grounds, including due process and the Real Estate Settlement Procedures Act, and then persuading the en banc D.C. Circuit to reinstate those rulings.
Lochlan received his law degree from Yale Law School, where he served as an articles editor of the Yale Law Journal and was awarded the Judge William E. Miller Prize for best paper on the Bill of Rights for his work “How the Constitution Shall Not Be Construed,” BYU Law Review (2017), and the Joseph Parker Prize for best paper on legal history for his work “Special Juries in the Supreme Court,” Yale Law Journal (2013), which has been cited in numerous court opinions.
Prior to attending law school, he graduated summa cum laude from New York University with a Bachelor of Arts in Classics and from Johns Hopkins University with a Ph.D. in Classics, specializing in the history of law.
From 2013–2014, Lochlan served as a law clerk to the Honorable Carlos T. Bea of the United States Court of Appeals for the Ninth Circuit.
He is a member of the bars of Maryland and the District of Columbia.
Claire Piepenburg is an associate in the Dallas office of Gibson, Dunn & Crutcher where she is a member of the firm’s Labor and Employment Practice Group.
Claire has experience in a wide variety of employment issues. Representative matters include obtaining summary judgment in federal court in favor of a medical practice against age and race discrimination claims brought by a former employee, drafting an executive employment agreement for the board of a regional entity seeking to retain and protect a C-suite executive during transition of leadership to a centralized, national corporate structure, and serving as the lead associate on a workplace investigation in response to a retaliation claim brought by a former employee in connection with a criminal complaint of sexual assault in the workplace.
Claire was recognized by Super Lawyers in 2024 as an Employment & Labor “Rising Star”. She was also recently named to D Magazine’s 2024 “Best Lawyers Under 40” list.
Claire received her Juris Doctor from Vanderbilt Law School in 2018. At Vanderbilt Law School, she made Dean’s List and served as the Senior Notes Editor for the Vanderbilt Journal of Entertainment and Technology.
Claire graduated from Southern Methodist University in 2013 with a Bachelor of Arts in History and Anthropology.
Claire is a member of the State Bar of Texas and is also admitted to practice before the United States District Court for the Northern District of Texas.
Nathan Marak is an associate in the Washington, D.C. office, where he practices in the firm’s Corporate Department.
Nathan graduated cum laude from Duke University School of Law in 2023. While in law school, Nathan served as an Editor of the Duke Law Journal and worked as a research assistant to Professor Gina-Gail S. Fletcher, a scholar of complex financial instruments and market regulation. He graduated from Washington University in St. Louis in 2020 with dual majors in Political Science and Economics.
Nathan is admitted to practice in the District of Columbia.
Jeremy S. Smith is a partner in the Los Angeles office of Gibson, Dunn & Crutcher. He currently practices in the firm’s Litigation, Class Actions, Privacy, Appellate and Constitutional Law, and False Claims Act/Qui Tam Defense Practice Groups.
Jeremy has represented clients in a wide range of litigation in both federal and state courts. He has defended clients in class actions across numerous substantive areas of law, including privacy, the Telephone Consumer Protection Act (TCPA), consumer fraud, and insurance law. Jeremy also represents clients on appeal in a wide range of matters, with a particular focus on appellate proceedings in California state court. Finally, Jeremy has substantial experience with the federal and state False Claims Acts, in both trial and appellate courts.
In July 2024, Jeremy was named a “Litigator of the Week” by The AmLaw Litigation Daily for his work in securing a jury verdict win for Nike in its endorsement contract dispute with NFL wide receiver Odell Beckham Jr.
Recent matters include:
- Representing a television channel in a multi-defendant, putative class action based on allegations the defendants have been tracking the online viewing habits of children.
- Serving as appellate counsel for an engineering firm that secured a verdict of over $100 million against a subcontractor.
- Representing a poultry company in a contract dispute seeking more than $27 million.
- Representing an online sports-betting company in class actions challenging product marketing and alleged data incident.
- Representing a boutique clothing retailer and its celebrity founder in a putative privacy class action pending in the Central District of California.
- Representing an engineering firm in mass toxic tort litigation involving more than 400 former workers.
- Obtaining dismissal in the trial court and then affirmance by the Washington Supreme Court of the dismissal of a putative class action in a case brought by policyholders in Washington seeking business income lost during the COVID-19 pandemic.
- Obtaining dismissal with prejudice of a putative class action lawsuit brought against an engineering firm based on allegations that the company caused a nuisance.
- Obtaining dismissal of a putative class action lawsuit brought against a manufacturer of car seats based on allegations of breach of warranty and failure to disclose.
- Obtaining dismissal with prejudice for three Southern California cardrooms in a multi-defendant lawsuit bringing bellwether constitutional and statutory challenges to the legality of the games the cardrooms play.
- Obtaining affirmance from the California Court of Appeal of a dismissal of a putative class action brought against an insurance company based on allegations the company “hacked” files which constituted a trespass to chattels.
- Obtaining decertification of a class action with over 320 thousand class members brought against a major technology company under the TCPA.
- Obtaining affirmance from the Ninth Circuit of a dismissal of a putative class action brought against an insurance company based on allegations of hacking in violation of the Stored Communications Act.
- Obtaining a favorable settlement for a major technology company in multidistrict litigation arising out of multiple data breaches.
- Obtaining a favorable settlement for a prominent technology company in a putative class action pending in the Northern District of California arising out of an alleged data breach affecting one of its clients.
- Representing a home warranty company in dozens of consumer arbitrations.
- Obtaining affirmance from the California Court of Appeal of a summary judgment ruling in favor of a construction company against allegations brought under the California False Claims Act.
- Obtaining affirmance from the Ninth Circuit of a summary judgment ruling in favor of a for-profit educational institution against False Claims Act allegations.
- Obtaining an order enforcing individual arbitration in a putative class action under ERISA brought against a large health plan.
- Obtaining dismissal of a False Claims Act lawsuit brought against a large telecommunications company.
- Obtaining dismissal of a putative class action brought against a health care provider for an alleged data breach involving over 30,000 patients.
- Serving as a first-chair volunteer prosecutor for the Los Angeles City Attorney’s Office in two jury trials.
Before joining the firm, Jeremy served as a law clerk to the Honorable Kathleen Cardone of the United States District Court for the Western District of Texas. He has also worked in the entertainment industry before law school where he wrote, directed, and produced commercials.
Jeremy graduated magna cum laude from Cornell University Law School, where he was elected to the Order of the Coif. While attending law school, Jeremy taught two college law courses to staff and inmates at Auburn’s maximum-security prison. Jeremy also served as a judicial extern to the Honorable R. Gary Klausner of the United States District Court for the Central District of California. In 2003, he graduated cum laude and as a Renaissance Scholar from the University of Southern California.
Jeremy is an active member of his community and is currently on the Board of Teach for America – Los Angeles. He is also the past president of the Associates Board of Teach for America – Los Angeles. He spends as much time as possible with his wife and two sons, and tries to hit a ski slope or a mountain bike trail as often as he can.
Jeremy is admitted to practice in the State of California, the United States Courts of Appeals for the Ninth and Sixth Circuits, and in the United States District Courts for the Central and Northern Districts of California.
Mike Raiff is a Gibson, Dunn & Crutcher partner in the Texas offices. He has a wide range of litigation experience and has tried numerous cases (jury trials, bench trials, and arbitrations). In addition to his trial and arbitration practice, Mike has argued numerous cases before appellate courts, including Texas appellate courts and several United States Circuit courts. He represents clients in large, complex commercial litigation, including merger and acquisition cases, energy-related cases, contract disputes, class actions, securities litigation, antitrust cases, environmental disputes, infrastructure disputes, partnership disputes, and media-related lawsuits.
Mike is recognized as one of The Best Lawyers in America® for commercial litigation and First Amendment law since 2005, and has been recognized by Chambers USA for his work in litigation. BTI Consulting named Mike to its BTI Client Service All-Stars list; the list features “those rare, exceptional attorneys standing out above all others” identified by the most influential legal decision makers as those who provide “superior client focus,” demonstrating attributes such as “putting the client’s needs and goals first, innovative thought leadership, unmatched business understanding, and outstanding results.” In 2023, The AmLaw Litigation Daily named him as one of its “Litigators of the Week”.
Mike received his J.D. in 1992 with high honors from The University of Texas School of Law, where he served as Associate Editor of the Texas Law Review and was Grand Chancellor (Spring 1991) and Order of the Coif. He also holds a B.B.A. with highest honors from The University of Texas. Following law school, he served as a Judicial Clerk for The Honorable Thomas M. Reavley, U.S. Court of Appeals for the Fifth Circuit (1992-1993).
Representative Matters
Merger & Acquisition Litigation, Securities Litigation, and Shareholder Derivative Litigation
- Representing buyers and sellers in litigation involving merger and acquisitions disputes, including cases involving claims for fraud and claims for breach of representations and warranties
- Representing companies, directors, and officers in securities class actions, shareholder derivative lawsuits, and breach of fiduciary duty cases
- Served as trial counsel for AT&T in the Department of Justice’s antitrust challenge to AT&T’s acquisition of Time Warner, Inc.
Energy-Related Litigation
- Representing energy companies in numerous disputes and lawsuits surrounding Winter Storm Uri, including breach of contract lawsuits, tort lawsuits, the Uri MDL, pricing disputes, and other regulatory proceedings surrounding Uri
- Representing energy companies in post-acquisition disputes, including disputes over purchase price adjustments, disputes involving representations of oil & gas assets, and post-closing warranty disputes
- Representing companies in engineering and construction disputes in the energy industry, including successfully defended two engineering, procurement, and construction firms in a $7 billion arbitration involving the construction of a $10 billion refinery and representing the power generation companies in disputes surrounding the design and construction of battery energy storage facilities
Environmental Litigation
- Defending energy companies in lawsuits brought by non-governmental organizations alleging violations of the Clean Air Act (CAA), Clean Water Act (CWA), and Resources Conservation and Recovery Act (RCRA)
- Representing clients in several legal challenges to EPA rulemaking relating to the disposal of coal combustion residuals (CCR)
- Defended clients in a federal environmental enforcement case involving the New Source Review provisions of the Clean Air Act
Media and Entertainment Litigation
- Represented various entertainment clients in numerous disputes involving television shows, movies, music videos, and distribution rights, including MTV Networks, CBS, Paramount, DEJ, Blockbuster, Showtime, and Walker Texas Ranger
- Obtained numerous summary judgments, dismissal orders, and favorable appellate decisions in defamation and invasion-of-privacy lawsuits for various media clients, including CBS Broadcasting, The New York Times, KTVT-TV, KEYE-TV, The Dallas Morning News, Belo, WFAA-TV, Infinity, Viacom, radio stations, and foreign publishers
- Represented Blockbuster for many years as its National Counsel in dozens of class actions pending across the country, and served as trial counsel for CBS in a jury trial in El Paso concerning a 60 Minutes report
Class Actions
- Defended numerous class actions alleging claims under data-privacy-and-security statutes, such as the Video Privacy Protection Act, the Electronic Communications Privacy Act, Computer Fraud and Abuse Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, and the Fair and Accurate Transactions Act
- Obtained approval and coordinated nationwide class settlements
* Includes matters handled prior to joining Gibson, Dunn & Crutcher LLP
Evan Rios is an associate in the Dallas office of Gibson, Dunn & Crutcher. He currently practices in the firm’s Litigation Department.
Evan earned his Juris Doctor cum laude from SMU Dedman School of Law, where he served as President of the SMU Law Review Association and as President of the Hispanic Law Student Association.
Evan served as a law clerk for Chief Justice Nathan L. Hecht of the Supreme Court of Texas and Judge Cory Wilson of the United States Court of Appeals for the Fifth Circuit.
Prior to law school, Evan spent three years as a language arts teacher at a public middle school in Jackson, Mississippi.
Evan is a member of the State Bar of Texas and is admitted to practice before the United States Court of Appeals for the Fifth Circuit.
Abbey Hudson is a partner in Gibson Dunn’s Los Angeles office. Her practice focuses on environmental matters and complex trial litigation. She devotes a significant portion of her time to helping clients navigate environmental and emerging regulations as well as related governmental investigations. Abbey is ranked by Chambers USA in the Environment – California category, named a Next Generation Lawyer by Legal 500 US in the Industry Focus – Environment – Litigation category, and recognized by Best Lawyers in America for Environmental Litigation.
Environmental and Mass Tort Litigation and Regulatory Compliance. Abbey has handled all aspects of environmental and mass tort litigation and regulatory compliance. She has provided counseling and advice on environmental and regulatory compliance to clients on a wide range of issues, including supply chain transparency requirements, comments on pending regulatory developments, and enforcement counseling. She has experience handling California environmental matters that involve the California Air Resources Board, the South Coast Air Quality Management District, the California Geologic Energy Management Division, and the Regional Water Quality Control Board – Los Angeles Region. Abbey also regularly advises clients regarding Environmental Social Governance (“ESG”) issues, including sustainability, in connection with corporate and real estate transactions.
Abbey also has experience with climate change focused regulations such as the California Air Resources Board’s (‘CARB”) Low Carbon Fuel Standard (LCFS), the Zero-Emission Vehicle Program, and the Cap-and-Trade Program. As part of her climate focused work, she helps guide clients to monetize the environmental and low-carbon attributes of their products or services under both voluntary and compliance-based regimes.
Litigation. Over the past decade, Abbey has litigated several of the firm’s most high-profile complex cases. She specializes in helping clients navigate incident response including crafting big picture media and litigation strategies. Abbey also has an expertise in post-incident e-discovery and evidence preservation.
Some of Abbey’s most recent non-confidential matters include:
- Represented Mercedes-Benz and Daimler in an investigation relating to compliance with Clean Air Act requirements governing emissions after-treatment and in related settlement of civil claims with the U.S. Department of Justice, the U.S. Environmental Protection Agency, the California Attorney General, and the California Air Resources Board. United States v. Daimler AG et al., No. 02564 (D.D.C. 2020) & California v. Daimler AG, No. 02565 (D.D.C. 2020).
- Represented Toyota Motor Corporation in an investigation relating to compliance with Clean Air Act requirements governing emissions reporting and in related settlement of civil claims with the U.S. Department of Justice, and the U.S. Environmental Protection Agency. United States v. Toyota Motor Corporation et al., No. 00323 (S.D.N.Y. 2021).
- Representation of major food retailer in confidential matter involving alleged trichloroethylene (“TCE”) contamination in drinking water in a California city. Brought in to advise client in anticipation of potential litigation. Advice is ongoing.
- Representation of aerospace company in confidential matter involving alleged toxic exposures in California city. Brought in to advise client on technical environmental issues in anticipation of potential litigation. Advice is ongoing.
- Compliance and enforcement counseling addressing Clean Air Act, Clean Water Act, and FIFRA topics in a variety of industries such as chemical manufacturing, consumer product and textile manufacturing, and upstream oil and gas operations.
- Representation of Northrop Grumman against putative class action involving alleged trichloroethylene (“TCE”) contamination in Canoga Park California.
- Tellez v. Dole Food Co.: securing dismissal with prejudice of U.S.-filed toxic tort claims alleging that DBCP caused reproductive harm. This case was featured in The Daily Journal’s “Top Verdict” for 2010.
- Representation of oil companies in connection with civil litigation, environmental enforcement actions, and community complaints.
- Hollingsworth v. Perry: the federal constitutional challenge to California’s ban on same-sex marriage, Proposition 8.
- You v. Japan: defended vehicle manufacturers against alien tort and RICO claims brought on behalf of a purported class of Korean citizens.
Community and Firm Involvement. Abbey is a member of the Firm’s Associates, Diversity, Well-Being, and Community Affairs Committees. Additionally, Abbey helped launch and helps run the firm’s LGBT Women’s initiative. In 2017, Abbey was named one of the 40 Best LGBT Lawyers Under 40 by the National LGBT Bar Association. Abbey also has an active pro bono practice. She regularly represents The Trevor Project, and is also a certified trainer for the National Institute for Trial Advocacy. Abbey also traveled to Kenya and Tanzania with Lawyers Without Borders to facilitate the training of Kenyan and Tanzanian advocates and judges on how to successfully bring claims under those countries’ wildlife conservation laws to trial.
Abbey earned her law degree from Columbia University, where she was a Harlan Fiske Stone Scholar, a finalist in the Harlan Fiske Stone Moot Court Competition, and president of OutLaws, Columbia’s LGBT law student organization. Abbey received her Bachelor’s degree with distinction in Political Science from Yale University in 2003.
Jacob Arber is a litigation associate in the New York office of Gibson, Dunn & Crutcher and a member of the firm’s Privacy, Cybersecurity, and Data Innovation and Labor and Employment practice groups. Jacob represents a range of clients in all stages of complex litigation from motions to dismiss to trial and appeal. He has particular experience drafting winning motions in court and persuasive submissions to regulators. Jacob also regularly advises clients on privacy and tech-related risks, including compliance with the California Consumer Privacy Act, Illinois Biometric Information Privacy Act, and other federal and state laws and regulations.
Representative privacy, artificial intelligence, and technology matters include:
- Securing a favorable settlement on behalf of a gig economy company in an investigation by a State Attorney General related to compliance with a comprehensive privacy law.
- Representing a gaming company in an investigation by a State Attorney General related to compliance with a state privacy law, which resulted in no action taken by the State Attorney General.
- Representing a major e-commerce platform in litigation against a State Attorney General related to its privacy and commercial practices.
- Representing a major technology company in inquiries by multiple State Attorneys General, which resulted in no action.
- Counseling a major venture capital firm on proposed legislation related to artificial intelligence.
- Advising a range of companies on compliance with state privacy laws, including privacy policies, biometrics, and product development.
- Securing dismissal with prejudice on behalf of a major social networking company of data privacy claims and defending that dismissal on appeal.
Representative labor and employment matters include:
- Securing a sweeping preliminary injunction in a trade-secret and non-compete lawsuit against a former executive.
- Defeating a motion to add an executive and senior employee as individual defendants in a discrimination, retaliation, and harassment suit.
- Representing a major company in arbitrations and administrative proceedings related to the classification of workers as independent contractors.
- Securing a favorable settlement on behalf of a major utility related to wage-and-hour claims.
Jacob also maintains an active pro bono practice. He has briefed and argued multiple appeals in the California and New York state appellate courts on behalf of victims of domestic violence and criminal defendants. He also represents an inmate alleging violations of his due process rights.
Jacob clerked for the Honorable Debra Ann Livingston of the United States Court of Appeals for the Second Circuit and for the Honorable Edward R. Korman of the United States District Court for the Eastern District of New York. He earned his Juris Doctor in 2017 from Columbia Law School, where he was a James Kent Scholar and Ruth Bader Ginsburg Prize recipient. Jacob also served as the Executive Submissions Editor for the Columbia Science and Technology Law Review. He graduated magna cum laude from Georgetown University’s School of Foreign Service with a Bachelor of Science in Science, Technology, and International Affairs.
He is admitted to practice in the States of California and New York and in the Northern District of California and Southern District of New York.
Alison L. Wollin is of counsel in the New York office of Gibson, Dunn & Crutcher.
Her practice focuses on commercial and business litigation matters in areas such as business torts, breach of contract, real estate, bankruptcy and intellectual property. She has had substantial experience litigating a broad range of matters before state and federal courts at both the trial and appellate levels. Alison has also represented clients in connection with investigations conducted by the Department of Justice and the New York Stock Exchange.
She was part of the trial team that represented Francois Pinault and Artémis, the company he founded, in two federal jury trials against the California Insurance Commissioner arising out of the rehabilitation of Executive Life Insurance Company, which resulted in favorable verdicts. The Daily Journal recognized the complete defense verdict for Artémis S.A. as one of the “Top Ten Defense Verdicts of 2012.”
Alison earned her Juris Doctor in 2002 from the University of Pennsylvania Law School, where she was a senior editor of the University of Pennsylvania Law Review. She received her Bachelor of Arts degree magna cum laude from the University of Pennsylvania in 1998.
She is admitted to practice in the State of New York, before the United States District Court for the Southern District of New York and before the United States Court of Appeals for the Ninth Circuit. She is a member of Gibson Dunn’s Diversity Committee.
Representative Matters
- François Pinault and Artémis: Successfully defended François Pinault and Artémis, the company he founded, in the long-running Executive Life litigation against the Insurance Commissioner of the State of California.
- In 2005, in a four-month jury trial obtained complete exoneration for Mr. Pinault and successfully convinced the jury to award zero damages against Artémis.
- In 2012, upon retrial of the sole count that the prior jury had deadlocked on, obtained a complete defense verdict from the jury on the Insurance Commissioner’s remaining $4 billion claim. Recognized as one of the Top Ten Defense Verdicts of the year by the California Daily Journal.
- Deutsche Bank: Represented an affiliate of Deutsche Bank that was the mortgage lender in the foreclosure of the Mondrian SoHo Hotel and related litigation brought by Morgans Hotel Group Management seeking to enjoin the termination of its hotel management agreement. Obtained summary judgment in the foreclosure proceeding for $250 million and successfully conducted the foreclosure auction. Defeated repeated attempts by Morgans to obtain a preliminary injunction that would have allowed it to remain as manager of the Mondrian SoHo Hotel for the next 26 years despite the hotel having been sold at the foreclosure auction.
- UBS: Represented UBS in an action for breach of contract against the Republic of Croatia to collect on approximately $45 million in unpaid bonds owed to UBS pursuant to notes issued by the former National Bank of Yugoslavia and other Yugoslavian banking institutions in 1988. The action was successfully resolved by settlement after the complaint was filed.
- Hedge funds: Represented four equity investors in connection with the multi-billion dollar restructuring of Overseas Shipholding Group and defended against a litigation attack by a consortium of bondholders. The restructuring of OSG was recognized as the Restructuring of the Year (Americas) for 2014 by the International Financial Law Review.
- Merrill Lynch: Represented Merrill Lynch in litigation arising out of the collapse of Adelphia.
- Home Depot: Represented Home Depot in a series of administrative, trial-level, and appellate matters in states across the country relating to sales tax refunds.
Jason W. Myatt is a partner in the New York office of Gibson, Dunn & Crutcher. He is a member of the firms’ Litigation, Judgment and Arbitral Enforcement and International Arbitration practice groups.
Jason’s practice focuses on complex and high-stakes commercial and financial disputes, including both litigation and arbitration, with a particular emphasis in enforcing judgments and international arbitration awards against sovereign nations and multinational companies. This work includes enforcement actions in the United States as well as coordination of asset recovery efforts across multiple jurisdictions. Jason also regularly advises a global client base on proactive approaches to enforcement strategy and implementation in anticipation of future judgments and arbitral awards. Jason’s clients operate in a number of fields, including the energy, construction, telecommunications, finance, petroleum and mining industries.
In additional to his enforcement-related work, Jason’s experience also includes litigating business torts, breach of contract, ERISA, real estate, and bankruptcy issues, as well as securities litigation, including ground-breaking work in limiting the American Pipe tolling doctrine in the Second Circuit, a change in law that was subsequently affirmed by the United States Supreme Court. He has tried cases in federal and state trial courts throughout the nation, and has argued and won appeals before the United States Court of Appeals for the Second Circuit. Jason has also represented clients in connection with investigations conducted by the Department of Justice, State Attorneys General and other regulatory entities.
He was named by Lawdragon in their 2023 Leading Global Litigators guide and the 2021 Global Litigation 500 for International Litigation, with particular experience of note in enforcement.
Select Representative Experience
- Representing Crystallex International Corp. in connection with proceedings in Washington, D.C., Delaware, New York and elsewhere to enforce a $1.4 billion judgment against Venezuela, including successfully a writ of execution over the shares of the Delaware parent of Citgo Petroleum Corp. to Crystallex’s arbitral award against Venezuela.
- Representing terrorism victims in New York and elsewhere in efforts to enforce more than $10 billion in judgments against state sponsors of terrorism.
- Representing Sociedad Concesionaria Metropolitana de Salud S.A. in the enforcement of its $139 million arbitration award against WeBuild.
- Representing Yukos Capital in the enforcement of its $5 billion arbitration award against the Russian Federation.
- Representing Sea Search Armada in an UNCITRAL arbitration under the U.S.-Colombia FTA concerning the expropriation of Sea Search Armada’s interest in the treasure it found on the San José Galleon—sunk in 1708—the largest treasure discovery in history.
- Represented Tethyan Copper Company in connection with proceedings in the British Virgin Islands, Washington, D.C. and New York enforcing $6 billion arbitral award against Pakistan, resulting in a multi-billion dollar settlement.
- Represented Arcelor Mittal in connection with proceedings in New York, London and the Cayman Islands resulting in a successful settlement of ArcelorMittal’s $1.3 billion arbitral award against Essar Steel.
- Represented Pearl Petroleum, Crescent Petroleum and Dana Gas in connection with enforcement of arbitral award against Iraqi Kurdistan in proceedings in the UK, United States, and Dubai International Financial Centre (DIFC), resulting in a substantial settlement with Iraqi Kurdistan.
- Represented PDL Biopharma, Inc. in successful enforcement of multiple guaranties of a $100 million loan.
- Represented Artémis and François Pinault in two federal jury trials brought by the California Insurance Commissioner, alleging fraud in connection with the rehabilitation of Executive Life Insurance Company. Both juries returned defense verdicts. Recognized as one of the Top Ten Defense Verdicts of the year by the California Daily Journal.
- Represented numerous securities underwriters in securities class action lawsuits involving more than $56 billion in mortgage pass-through certificates, including the affirmance in the United States Court of Appeals for the Second Circuit of a ruling declining to extend the American Pipe tolling doctrine to the statute of repose of the Securities Act of 1933.
- Represented of Lehman Brothers, and subsequently, Barclays, in connection with Chapter 11 proceedings of Asarco, LLC, including in a trial relating to Barclays’s fees.
- Represented Verizon in a bench trial against a competitive local exchange carrier, obtaining a $60 million judgment (having previously obtained a prejudgment attachment) against Global NAPs and several alter egos leading to the appoint of a receiver in aid of execution.
Jason earned his Juris Doctor, cum laude, from the University of Wisconsin, where he served as an Articles Editor for the Wisconsin Law Review and was elected a member of the Order of the Coif. He received his Master of Science in Bacteriology from the University of Wisconsin in 2003 and his Bachelor of Science in Biology from Duke University in 1998.Jason is a member of Gibson Dunn’s Diversity Committee. He is admitted to practice in the States of New York and Wisconsin, before the United States District Courts for the Southern and Eastern Districts of New York and the Western District of Wisconsin and before the United States Court of Appeals for the First, Second, Third and Ninth Circuit.
Amanda Bello is an associate in the New York office of Gibson, Dunn & Crutcher.
Amanda received her J.D. from Harvard Law School in 2022, where she served on the Harvard Journal of Sports and Entertainment Law and received the Dean’s Scholar Prize for Fair Trial and Professional Responsibility.
In 2018, Amanda graduated cum laude from the University of Florida, where she received her Bachelor of Arts in English and History.
Amanda is admitted to practice law in the state of New York.
Alan Williams is an associate in the Houston office of Gibson, Dunn & Crutcher, where he is a member of the Capital Markets and Securities Regulation and Corporate Governance practice groups. Alan is experienced in representing issuers, investment banks and institutional investors in a broad range of registered and private securities offerings. His representative experience includes investment grade debt offerings, initial public offerings, follow-on offerings, high-yield bond offerings, at-the-market programs and medium-term notes programs. He also has experience advising companies regarding ongoing SEC reporting requirements and corporate governance matters.
Alan received his J.D. with honors from the University of Texas School of Law and was admitted as a member of the Order of the Coif. During law school, he served as a Judicial Intern to the Honorable Paul W. Green at the Supreme Court of Texas and was a Research Assistant to Professor Jay L. Westbrook, researching international insolvency matters. Prior to law school, Alan received a Bachelor of Business Administration with a focus in Finance from the C.T. Bauer College of Business at the University of Houston.
Prior to joining Gibson, Dunn & Crutcher, Alan was an associate at an international law firm where he focused his practice on capital markets transactions.