Webcast: Election Results and Securities Litigation and Enforcement Trends

November 11, 2016

Hot off the presses just after Election Day, please join us for a discussion with some of the co-authors of the newly released Second Edition of the authoritative PLI Securities Litigation Treatise regarding potential reforms, trends and developments in securities litigation and enforcement.

View Slides [PDF]

PANELISTS:

Marc Fagel: A partner in Gibson, Dunn & Crutcher’s San Francisco office, Mr. Fagel serves as Co-Chair of Gibson Dunn’s Securities Enforcement Practice Group and a member of the White Collar Defense Practice Group. His practice focuses on the representation of public companies and their officers and directors, as well as financial institutions, investment advisers, hedge funds, private equity firms, broker-dealers, accounting firms and others in investigations and examinations conducted by the Securities and Exchange Commission, as well as by the Department of Justice, FINRA, and other regulatory bodies. He also conducts internal investigations and represents clients in related civil actions. Mr. Fagel spent more than 15 years with the SEC’s San Francisco Regional Office, most recently serving as Regional Director from 2008 to 2013. In his role as Regional Director, he was responsible for administering the SEC’s enforcement and examination programs for Northern California, Washington, Oregon, Alaska, Montana and Idaho. Before his appointment as Regional Director, Mr. Fagel served as Associate Regional Director in charge of enforcement. While at the SEC, Mr. Fagel conducted, supervised and oversaw hundreds of investigations in nearly every major subject area of the SEC’s enforcement program, including public company disclosure and reporting; the Foreign Corrupt Practices Act (FCPA); insider trading; and investigations of major financial institutions, investment advisors, hedge funds and broker-dealers. He was at the forefront of the SEC’s initiative on stock option backdating and oversaw some of the largest securities fraud cases filed in the Pacific Northwest.

Michael Klausner: A professor at Stanford University, Michael Klausner teaches and writes in the areas of corporate law, corporate governance, business transactions and financial regulation. His research has included theoretical and empirical analyses of corporate governance, liability risk for corporate officers and directors, securities litigation, takeover defenses, standardization of contracts, and the economics underlying business transactions. He oversees Stanford Securities Litigation Analytics, which maintains a large database covering securities class actions and SEC enforcement actions. Before joining the Stanford Law School faculty in 1997, he was a professor of law at New York University School of Law, a White House Fellow and deputy associate director in the Office of Policy Development in the White House, and a corporate law practitioner with Gibson, Dunn & Crutcher in Washington, D.C. and Hong Kong. He clerked for Justice William Brennan of the U.S. Supreme Court and Judge David Bazelon of the U.S. Court of Appeals for the District of Columbia Circuit.

Brian Lutz: partner in the San Francisco and New York offices of Gibson, Dunn & Crutcher, Mr. Lutz is a member of Gibson Dunn’s Litigation Practice Group. He has experience in a wide range of complex commercial litigation, with an emphasis on corporate control contests, securities litigation, and shareholder actions alleging breaches of fiduciary duties. He represents public companies, hedge funds, private equity firms, investment banks and clients across a variety of industries, including bio-pharma, tech, finance, retail, health care, energy, accounting and insurance. Mr. Lutz has twice been named a Rising Star by Law360 in the Securities category—a distinction awarded annually to five attorneys nationwide under the age of 40. In November 2015, he was named “Litigator of the Week” by AmLaw Litigation Daily (an American Lawyer publication) for his work in securing a rare preliminary injunction that prevented a hostile takeover attempt of the pharmaceutical company Depomed, Inc.

Mark Perry: A partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Co-Chair of the Gibson Dun’s Appellate and Constitutional Law Practice Group, Mr. Perry’s practice focuses on complex commercial litigation at both the trial and appellate levels. He is an accomplished appellate lawyer who has briefed and argued many cases in the Supreme Court of the United States—including winning the landmark decisions in Alice Corp. v. CLS Bank and Janus Capital Group v. First Derivative Traders—and the federal courts of appeals. He has served as chief appellate counsel to Fortune 100 companies in significant securities, intellectual property, and employment cases. He also appears frequently in federal district courts, serving both as lead counsel and as legal strategist in complex commercial cases. He has special expertise in class actions, and teaches the upper-level course in Class Action Law and Practice at Georgetown University Law Center. Mr. Perry has been recognized as a leading litigation attorney in leading industry publications including Best Lawyers in America®, Benchmark Litigation, Super Lawyers, Chambers USA, Benchmark Litigation, Law360, and The American Lawyer. He is also a Fellow of the Litigation Counsel of America.

MODERATOR:

Thad Davis: A partner in the New York and San Francisco offices, and Co-Chair of the Gibson Dunn’s Securities Litigation Practice Group, Mr. Davis’ practice focuses on class actions, securities, corporate governance and control disputes, merger and acquisition matters, anti-corruption, antitrust, unfair competition, trade secret, data privacy, cybersecurity, employment, False Claims Act, ERISA, and related regulatory litigations. He regularly represents public companies, leading venture capital and private equity firms, portfolio companies, hedge funds, directors and officers, and high net worth individuals in a variety of complex commercial disputes and government and internal investigations. Mr. Davis is generalist trial lawyer with a national practice of trying bench and jury trials, as well as arbitrations, in complex business and regulatory litigation matters. His business and matters have been recognized and covered by leading national and international publications, and he speaks and publishes widely on issues of key importance to clients and colleagues. Mr. Davis is undefeated in jury trials, and has both secured and defeated eight- and nine-figure awards as trial counsel, and recognized by leading industry publications including Law360, Best Lawyers in America, White Collar, The Daily Journal, and The American Lawyer.

 


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.5 credit hours, of which 1.5 credit hours may be applied toward the areas of professional practice requirement.  This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast.  Please contact Jeanine McKeown (National Training Administrator), at 213-229-7140 or jmckeown@gibsondunn.com to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.5 hours.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast.  No certificate of attendance is required for California “self-study” credit