March 16, 2017
Our panel of experts discusses recent case studies showing keys for drafting M&A documents to maximize the potential for recovery for later discovered fraud, strategies for litigating those fraud claims and how to identify and use the other side’s fraudulent conduct during litigation as your own tools for victory.
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Michael M. Farhang is a former federal prosecutor and a partner in the Los Angeles office of Gibson, Dunn & Crutcher. He is a Chambers-ranked attorney and practices in the White Collar Defense and Investigations and Securities Litigation Practice Groups. Mr. Farhang is an experienced litigator and trial attorney who has earned more than $40 million in recoveries for corporate clients pursuing fraud, contract, and M&A-related claims. He specializes in the defense of companies, directors, and executives in DOJ and SEC investigations and in shareholder class actions, derivative suits and other commercial litigation. Mr. Farhang has tried more than twenty-five cases in government and private practice.
James P. Fogelman is a partner in the Los Angeles office of Gibson, Dunn & Crutcher. He is a member of the firm’s Litigation Department. Mr. Fogelman earned his law degree in 1992 from UCLA School of Law. He received a Bachelor of Science degree in economics, with a concentration in finance, from the Wharton School of Economics at the University of Pennsylvania in 1989. Mr. Fogelman has represented clients in a variety of civil litigation matters, including those involving claims of professional negligence and attorney liability, consumer fraud, unfair trade practices, false advertising, consumer protection act violations, product liability, state and federal antitrust law violations, commercial real estate and real estate development disputes, casino and gaming disputes, energy issues, and complex business disputes.
Robert A. Klyman is a partner in the Los Angeles office of Gibson, Dunn & Crutcher and Co-Chair of Gibson Dunn’s Business Restructuring and Reorganization Practice Group. Mr. Klyman represents debtors, acquirers, lenders and boards of directors. His experience includes advising debtors in connection with traditional, prepackaged and “pre-negotiated” bankruptcies; representing lenders and other creditors in complex workouts; counseling strategic and financial players who acquire debt or provide financing as a path to take control of companies in bankruptcy; structuring and implementing numerous asset sales through Section 363 of the Bankruptcy Code; and litigating complex bankruptcy and commercial matters arising in chapter 11 cases, both at trial and on appeal.
Jay Srinivasan is a partner in the Los Angeles office of Gibson, Dunn & Crutcher where he practices in the firm’s Antitrust and Trade Regulation Practice Group with a focus on intellectual property and technology-related issues. Mr. Srinivasan serves a wide range of clients in the energy, entertainment, medical, and high tech industries. In addition to representing clients in litigation, Mr. Srinivasan also has provided antitrust advice in the context of mergers/joint collaborations, government investigations, and proposed business practices. In addition to his antitrust practice, Mr. Srinivasan specializes in complex business litigation and class action defense.