CELEBRATING MILESTONES ANNUAL REVIEW TWO THOUSAND FIFTEEN

advertisement
CELEBRATING MILESTONES
ANNUAL REVIEW TWO THOUSAND FIFTEEN
2
Gibson, Dunn & Crutcher
TABLE OF CONTENTS
3
2015 ANNUAL REVIEW
MESSAGE FROM OUR CHAIRMAN AND MANAGING PARTNER.............................................................1
LITIGATION
Appellate and Constitutional Law........................................................................................................5
Antitrust and Competition...................................................................................................................7
Class Actions.....................................................................................................................................9
Intellectual Property.........................................................................................................................11
Securities Litigation..........................................................................................................................13
White Collar/Regulatory ...................................................................................................................15
TRANSACTIONAL
Mergers and Acquisitions.................................................................................................................19
Capital Markets................................................................................................................................20
Global Finance.................................................................................................................................21
Real Estate.......................................................................................................................................23
Private Equity...................................................................................................................................25
Investment Funds............................................................................................................................27
INDUSTRIES
Energy.............................................................................................................................................31
Life Sciences....................................................................................................................................33
Sports Law.......................................................................................................................................35
NEW PARTNERS
Promoted Partners...........................................................................................................................39
Lateral Partners................................................................................................................................43
DIVERSITY, PRO BONO AND COMMUNITY ACHIEVEMENTS
Diversity...........................................................................................................................................53
Pro Bono ........................................................................................................................................55
Frank Wheat Memorial Awards.........................................................................................................57
1
Gibson, Dunn & Crutcher
MESSAGE
FROM OUR
CHAIRMAN
AND
MANAGING
PARTNER
Our firm rose from modest beginnings
in a Los Angeles office of just five
attorneys. In the early years, we worked
on important water rights cases and
boundary disputes, and represented the
railroads and other major clients who laid
the foundation for California becoming the
powerful economic and cultural engine
that it is today. We now have more than
1,250 lawyers spread across 18 offices
around the globe, and routinely handle
Clients, Colleagues and Friends,
T
high-stakes disputes often involving
enterprise risk, complex and sophisticated
he year 2015 marked our 125th
transactions and precedent-setting legal
anniversary as a firm. Needless to
matters.
say, the world and the practice of law have
changed a great deal over the years but
We are incredibly honored to have been
our unique culture – born 125 years ago –
selected as Litigation Department
remains intact, and is the bedrock of our
of the Year by The American Lawyer
success. At Gibson Dunn, all strategic
again. Our Litigation Group has now
decisions are made against a backdrop of
been heralded as the best of the best in
their impact on our culture, the quality of
three out of the four most recent biennial
our lawyers and the value proposition that
competitions – an accomplishment that is
we deliver to our clients.
unprecedented as no other firm has won
this prestigious competition even twice.
The American Lawyer also ranked Gibson
2
2015 ANNUAL REVIEW
Dunn second on its A-List for 2015,
With thanks for your continuing support
where we were recognized for our strong
and in anticipation of another rewarding
financial performance, coupled with our
year of collaborative service,
commitment to pro bono, to diversity and
to associate satisfaction. Law360 named
Gibson Dunn a Law Firm of the Year for
the third consecutive year, having been
Kenneth M. Doran
designated Practice Group of the Year in
Chairman and Managing Partner
10 distinct substantive areas, the most of
any firm.
Our commitment to diversity, pro bono
and community service is an integral part
of our cherished and distinctive culture.
This past year, we were, once again,
privileged to work on certain pro bono
matters that defended the rule of law
and had a profound effect on our society
and the civil rights of its citizens. In the
pages that follow, we want to share with
you some of our accomplishments and
highlights of 2015.
3
LITIGATION
Gibson, Dunn & Crutcher
Acclaimed as a litigation powerhouse, Gibson Dunn has a
long record of outstanding successes. The American Lawyer
named the firm its 2016 Litigation Department of the Year,
our unprecedented third win out of the last four competitions
and an unparalleled achievement given that no other firm has
even won twice. Gibson Dunn achieved back-to-back wins as
2010 and 2012 Litigation Department of the Year, and 2014
Finalist honors. “Time and again,” noted the publication
in 2016, “Gibson Dunn litigators set out to win big rather
than just escape defeat, and they succeeded. Drawing on its
deepening bench, harnessing a collective expertise through
a collaborative approach, and viewing the legal landscape
through a wide-angle lens, the firm repeatedly delivered
when it mattered most.”
4
2015 ANNUAL REVIEW
5
Gibson, Dunn & Crutcher
APPELLATE AND CONSTITUTIONAL LAW
Gibson Dunn excels at challenging unconstitutional government action and
punitive and excessive damage awards. When clients face such daunting
situations, our widely renowned Appellate and Constitutional Law group
delivers wins such as these.
We obtained a major First Circuit victory for
We won reversal of a $32.5 million punitive
BlueMountain Capital Management, LLC,
damages award against BorgWarner Morse
in its challenge to the debt restructuring of
TEC LLC, in the California Court of Appeal.
Puerto Rico’s largest electric utility, PREPA.
The wrongful death suit was brought against
In 2014 the Commonwealth’s legislature
numerous companies after a former security
enacted the Puerto Rico Public Corporation
guard at a General Motors manufacturing plant
Debt Enforcement and Recovery Act, a
died from asbestos-related mesothelioma.
statute that purported to create a binding
BorgWarner Morse TEC LLC, the sole defendant
bankruptcy-like debt-restructuring regime for
at the time of trial, stood as successor-in-
Puerto Rico’s highly indebted public entities
interest to Borg-Warner Corporation, which
including PREPA. We filed suit on behalf of
had made clutches containing asbestos friction
PREPA bondholder BlueMountain shortly
materials several decades earlier. The $32.5
after the law was enacted, and the District of
million punitive damages award included in
Puerto Rico agreed that the U.S. Bankruptcy
the jury’s $35 million verdict was named one of
Code preempts the Recovery Act. The First
the largest plaintiff verdicts in California for that
Circuit unanimously affirmed, rejecting each
year. BorgWarner Morse TEC LLC hired Gibson
of the defendants’ contrary arguments and
Dunn to handle the post-trial and appellate
frequently relying on responses developed in
process. In a lengthy published opinion, the
BlueMountain’s brief.
Court of Appeal agreed with Gibson Dunn’s
arguments and struck the punitive damages
award in its entirety as a matter of law, without
remanding for retrial. We also successfully
defended against two cross-appeals that raised
significant legal issues of first impression.
6
2015 ANNUAL REVIEW
For Covenant Transportation, Inc. we secured
complete Ninth Circuit affirmance of an order
Law360 named Gibson Dunn a 2015
granting a remittitur of damages from $13.2
Law Firm of the Year, a recognition given
million to $1.6 million, and an order granting
to the three firms that received the most
summary judgment on punitive damages.
Practice Group of the Year awards.
Gibson Dunn took over the wrongful death case
Our firm was named among Law360’s
after the jury rendered its verdict, arguing in
2015 Practice Groups of the Year in
post-trial motions that the damages award was
10 categories, the most that any firm
shockingly large and inconsistent with verdicts
received. This was Gibson Dunn’s third
in similar Arizona cases. The district court
consecutive year as a Law Firm of the
agreed, finding the evidence did not support the
Year.
award, and the Ninth Circuit affirmed.
The National Law Journal named
Gibson Dunn to its 2015 Appellate Hot
List, which recognized 20 firms that
“represent appellate advocacy at its
strongest – winning the big cases and
changing the law.”
7
Gibson, Dunn & Crutcher
ANTITRUST AND COMPETITION
From U.S. antitrust litigation to merger clearance and the EU’s credit
default swaps investigation, our Antitrust and Competition lawyers
achieved phenomenal outcomes, resounding victory, and results that no
other firm has duplicated.
For Allergan, Inc. we achieved an unusual
AT&T Inc. turned to Gibson Dunn when the
victory: outright dismissal of a direct purchaser
company needed to be sure that its proposed
antitrust class action brought by pharmacy
$49 billion acquisition of DirecTV Inc. – one of
chain Hartig Drug Company. The basis for the
the year’s most significant megamergers –
dismissal related to the fact that Hartig, a retail
would secure approval from the U.S.
pharmacy, was not itself a direct purchaser;
Department of Justice. Working as an integral
it was suing by virtue of an assignment from
part of the company’s broader legal team on
a drug wholesaler that purchased directly
the matter, we helped develop the critical
and then resold to Hartig. We persuaded the
strategy that succeeded in obtaining regulatory
District of Delaware that the assignment was not
approval from the DOJ Antitrust Division with
valid because it contradicted terms in Allergan’s
no conditions. This was a phenomenal result,
distribution agreement with the drug wholesaler.
particularly considering the size and complexity
Various other pharmaceutical defendants in
of the transaction and the significant length of
similar circumstances have made the same
the agency’s investigation.
argument without success. Gibson Dunn won
on this issue in part by persuading the court
to follow the reasoning of a prior federal court
Global Competition Review ranked
decision in which we won on the same issue
Gibson Dunn No. 4 in its 2016 GCR 100
for another client. Although the majority of
– Global Elite, a list of the world’s top 25
courts dealing with this question in the context
antitrust practices, and No. 1 among the
of high-stakes pharmaceutical antitrust actions
top 10 cartel practices.
have gone the other way, Gibson Dunn has now
won dismissal on these grounds in not one but
two major class action matters, a result that no
other law firm has been able to replicate.
8
2015 ANNUAL REVIEW
Our Brussels team successfully represented
We successfully defended The Estee Lauder
UBS AG in the European Union’s four-year
Companies, Inc. against an antitrust lawsuit
credit default swaps (CDS) investigation
brought by Duty Free Americas Inc. (DFA), an
involving allegations that 13 of the world’s
airport duty-free retailer, based on an alleged
largest investment banks infringed Article
refusal to deal. After we had twice convinced
101 of the Treaty on the Functioning of the
the district court to dismiss DFA’s complaint
European Union by conspiring to prevent CDS
we secured Eleventh Circuit affirmance. The
exchange trading. The investigation began in
Circuit rejected all allegations that the Lauder
2011, formal charges were issued in 2013,
Companies’ actions constituted violations of the
and we presented UBS’s defense during a six-
antitrust laws, and subsequently denied DFA’s
day oral hearing. In a rare development, the
motion for a limited rehearing.
European Commission’s Directorate-General
for Competition subsequently dropped the case
against UBS and the other banks.
Law360 named Gibson Dunn both a
2015 Competition Practice Group of the
Year and a 2015 Competition All-Star
for having been designated Competition
Practice Group of the Year multiple times
in the past five years.
9
Gibson, Dunn & Crutcher
CLASS ACTIONS
In 2015 our Class Actions litigators demonstrated once again why Gibson
Dunn is sought out to defend when potentially massive liability is at stake.
In a sweeping opinion that relied extensively
As part of our continuing work as national
on the arguments and authorities that Gibson
counsel for PepsiCo in a range of U.S.
Dunn, counsel for American International
food and beverage lawsuits, we obtained a
Group, Inc. (AIG) presented, the D.C. Circuit
significant victory for the company by defeating
affirmed the dismissal of a $2 billion purported
a class action alleging that the presence of
nationwide class action involving claims
4-methylimidazole (“4-MEI”) in certain Pepsi
asserted under RICO, the Longshore and
products causes an increased risk of certain
Harbor Workers’ Compensation Act, and a host
forms of lung cancer. The Northern District
of state law torts against AIG, four other insurers
of California agreed with us that the plaintiffs’
and 23 defense contractor employers. The
claimed levels of consumption did not state a
plaintiffs alleged that they were employees of
plausible claim for relief. The court dismissed
the contractors and were improperly denied
all personal injury and medical monitoring
workers’ compensation benefits for injuries
claims with prejudice – a rare achievement in a
sustained while working in overseas combat
putative class action in the food and beverage
zones. Representing AIG as the lead insurer
industry.
defendant, we took primary responsibility for
preparing the consolidated brief and presenting
oral argument in the Circuit on behalf of all
defendants. Along with addressing the flawed
basis for the allegations, we also argued that
the claims were preempted by a comprehensive
statutory remedial framework and that essential
elements of the claims could not be pled as
a matter of law. The court denied plaintiffs’
subsequent request for reconsideration and the
U.S. Supreme Court declined to review.
Law360 named Gibson Dunn a 2015
Class Action Practice Group of the
Year, our sixth consecutive win. We
were the only firm to have received this
recognition for all six years.
10
2015 ANNUAL REVIEW
Gibson Dunn is lead counsel for Cal-Maine
that the plaintiffs’ proposed classes were not
Foods, Inc., the largest shell egg producer in
ascertainable, that plaintiffs could not satisfy the
the United States. Along with multiple other
predominance requirement, and that they had
defendants, Cal-Maine was named in a series
failed to prove an overcharge, that any such
of putative class actions by direct and indirect
overcharge was passed through to consumers,
purchaser plaintiffs alleging a decade-long,
that damages could be established on a
nationwide conspiracy by egg producers to
classwide basis, and that a single class trial
raise the prices of eggs and egg products.
would be manageable.
We led the entire defense group’s successful
effort to obtain a statute of limitations ruling
on a motion to dismiss that reduced the scope
of the plaintiffs’ damages claims by billions of
dollars. The Eastern District of Pennsylvania
then denied the indirect purchasers’ request
to certify enormous classes of all consumers
from 21 states seeking damages back to Oct.
1, 2006. The court based its decision on
six different arguments, many of which our
team advocated. Specifically, the court held
Gibson Dunn was named one of the top
four Food & Beverage Practice Groups of
the Year for 2015 by Law360.
11
Gibson, Dunn & Crutcher
INTELLECTUAL PROPERTY
Two blockbuster trial wins, and summary judgment that shut down multipatent infringement litigation, were at the top of our Intellectual Property
group’s successes.
For T-Mobile USA, Inc. we won a complete
On behalf of Sharp Corp. and Sharp
defense jury verdict after a three-week trial
Electronics Corp. we achieved a complete
in the District of Nebraska in a $100 million
defense win after a one-week trial before
patent infringement case. The lawsuit had
the International Trade Commission in an
been brought by Prism Technologies, LLC, an
investigation brought by Cresta Technology
Omaha-based patent licensing entity. But the
Corp., a California-based former virtual
jury found that none of T-Mobile’s five accused
fabrication company, on two patents directed
networks infringed any claim of the two asserted
toward television tuners. Cresta sought an
patents. This victory was especially significant
exclusion order keeping Sharp from importing
considering that Prism had already gone to trial
any televisions into the United States – nearly
in the same court against other U.S. wireless
$1 billion in annual sales. The Administrative
service providers and secured a trial victory
Law Judge found that none of Sharp’s products
against one and a significant settlement against
infringed any valid claim of either asserted
another. Gibson Dunn’s trial team kept the jury
patent, and further that Cresta had failed to
focused on the accused T-Mobile networks, and
establish the requisite domestic industry. The
showed that they were noninfringing.
Commission reviewed and affirmed the ALJ’s
determination in favor of Sharp.
Managing IP Handbook, 2015 edition,
recognized Gibson Dunn among the top
International Trade Commission Litigation
and Patent Contentious firms in the
United States.
12
2015 ANNUAL REVIEW
We successfully secured summary judgment
of non-infringement for Medtronic, Inc. in the
Western District of New York in multi-patent
litigation brought by Medgraph, Inc. against
Medtronic’s market-leading blood glucose
monitors and associated software related to
remote patient monitoring. We convinced
the court that because multiple independent
actors were required to perform the steps of
the asserted method claims, there could be no
direct infringement, and also that Medtronic’s
accused system lacked key elements of
the asserted system claim as it would be
understood by a person of ordinary skill
in the art.
The National Law Journal ranked Gibson
Dunn one of the top intellectual property
practices in the United States in its 2015
Intellectual Property Hot List.
13
Gibson, Dunn & Crutcher
SECURITIES LITIGATION
From multi-level marketing and anti-pyramid scheme laws to rare earth
mining and alleged liability for staggering losses, our Securities Litigation
practice dealt defeat to plaintiffs across the board.
We obtained a complete dismissal of all
On behalf of Molycorp, Inc. and five of its
securities fraud claims against Herbalife Ltd.
current and former senior executives we
Tossing the third amended complaint without
secured complete dismissal of all claims
leave to amend, the Central District of California
under the Securities Exchange Act of 1934 in
found that plaintiffs failed to plead material
the Southern District of New York. Plaintiffs
misstatements or scienter in support of the
claimed that the defendants were liable to
allegations that the company lied about its
Molycorp’s shareholders for making false and
compliance with the anti-pyramid scheme laws.
misleading statements regarding:
The court ruled that any misstatements were
(1) the progress of “Project Phoenix,” an
not material, because Herbalife made extensive
effort to modernize Molycorp’s rare earth
warnings to investors that its multi-level
mine in Mountain Pass, California and expand
marketing business model could potentially be
its production capacity, (2) the amount of
challenged as a pyramid scheme. The court
inventory, cost of sales, and income tax benefit
also firmly rejected plaintiffs’ arguments that the
reported in Molycorp’s first quarter 2013
complaint sufficiently alleged that defendants
financial results, which were subsequently
did anything with an intent to defraud Herbalife
restated, and (3) the marketability of Molycorp’s
shareholders.
cerium-based water filtration product known
as “SorbX.” Based on the strength of Gibson
Dunn’s motion papers, the court held that
plaintiffs failed to raise a strong inference
of scienter with respect to their allegations
regarding Project Phoenix and the financial
restatement, and that defendants’ statements
regarding SorbX were forward-looking and
protected under the Private Securities Litigation
Reform Act’s “safe harbor.”
14
2015 ANNUAL REVIEW
For UBS AG and four of its senior executives
we secured Second Circuit affirmance of the
Law360 named Gibson Dunn a 2015
dismissal of a putative class action filed in the
Securities Practice Group of the Year
wake of reports that a UBS London employee
as well as a 2015 Securities All-Star
and rogue trader, Kweku Adoboli, engaged in
for having been designated Securities
unauthorized trades resulting in more than $2
Practice Group of the Year multiple times
billion in losses to UBS’s proprietary account.
in the past five years.
The plaintiffs, alleging that statements by UBS
and the individual defendants concerning the
quality of the company’s risk management and
controls were false or misleading, asserted
claims under Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934. The Second
Circuit affirmed the dismissal, also obtained
by Gibson Dunn, agreeing that plaintiffs had
provided “no plausible explanation as to
why Defendants would turn a blind eye to
the possibility that unauthorized trading was
exposing UBS to billions of losses.”
15
Gibson, Dunn & Crutcher
WHITE COLLAR/REGULATORY
In its 2016 Litigation Department of the Year competition, The American
Lawyer named our firm the winner in the White Collar/Regulatory
category, noting that “[c]lients routinely describe lawyers at Gibson,
Dunn & Crutcher in superlatives,” such as “‘[s]trategic thinkers,’ ‘creative,’
‘tenacious’ and ‘responsive.’” The publication called our appellate work in
these areas “exceptional” and “involving areas where there was little law on
the books.”
In 2015 Gibson Dunn continued to be a leader
require the company to retain an independent
in defending companies against government
compliance monitor or otherwise self-report to
investigations and enforcement of the U.S.
the SEC on an ongoing basis. Likewise, Bristol-
Foreign Corrupt Practices Act (FCPA). We
Myers Squibb, which also neither admitted nor
successfully guided Mead Johnson Nutrition
denied the SEC’s findings, agreed to pay $14
and Bristol-Myers Squibb toward resolving
million to the agency in disgorgement, penalties
years-long investigations by the U.S. Securities
and prejudgment interest. In an investigation
and Exchange Commission and the U.S.
that initially encompassed the company’s
Department of Justice regarding alleged FCPA
operations in multiple countries, the settlement
violations. Mead Johnson, which neither
eventually narrowed the matter to alleged
admitted nor denied the SEC’s findings
improper interactions with doctors in China.
regarding alleged improper payments in China,
The SEC credited Bristol-Myers’s recent efforts
agreed to pay $12 million to the agency in
to improve its compliance program and internal
penalties, disgorgement, and prejudgment
controls and did not impose a compliance
interest. The SEC credited Mead Johnson’s
monitor. In both cases, the DOJ declined
extensive and thorough cooperation, and its
criminal prosecution.
compliance remediation efforts, and did not
The National Law Journal named
Gibson Dunn the winner of the White
Collar category in its 2015 Washington
Litigation Department of the Year
competition.
16
2015 ANNUAL REVIEW
17
Gibson, Dunn & Crutcher
TRANSACTIONAL
18
2015 ANNUAL REVIEW
19
Gibson, Dunn & Crutcher
MERGERS AND ACQUISITIONS
Our Mergers and Acquisitions lawyers partnered with clients on multiple
billion-dollar transactions, bringing to each successful representation
our tailored approach, sophisticated judgment, technical excellence and
creative solutions.
We represented professional services group
Our Beijing office represented an investment
Towers Watson in its $18 billion merger of
consortium consisting of Hua Capital
equals with Willis Group Holdings, a global
Management Co., Ltd., CITIC Capital Holdings
risk advisory, reinsurance broking and human
Limited and Goldstone Investment Co., Ltd.,
capital and benefits firm. Willis Towers Watson,
in the $1.9 billion purchase of California-based
the combined company, is based in Ireland with
OmniVision Technologies, a leading developer
approximately 39,000 employees in more than
of advanced digital imaging solutions.
120 countries.
We were counsel to The Ryland Group, Inc.
in its transformational $5.4 billion merger of
equals with Standard Pacific Corporation.
This combination of two of the premier U.S.
homebuilders created the fourth largest
homebuilding company in the United States
that, upon closing of the deal, had an enterprise
value of approximately $8.4 billion.
20
2015 ANNUAL REVIEW
CAPITAL MARKETS
Our Capital Markets group saw clients scouting the globe in 2015 for the
most advantageous transaction terms. Practice members guided a number
of investment grade issuers in the technology, consumer product, financial
services and delivery and freight industries through the complexities of
accessing markets around the world, advising on offerings of over $13
billion in debt securities denominated in Australian dollars, Canadian
dollars, euros, pounds sterling and Swiss francs, as well as U.S. dollardenominated offerings listed on the Taipei Exchange. And the group rang
in the New Year with one of the first IPOs.
In one of 2015’s first IPOs, we represented the
Our group also represented Wells Fargo
underwriters, led by UBS Investment Bank,
Securities, LLC and other underwriters in
BMO Capital Markets and SunTrust Robinson
over $17 billion of offerings by Wells Fargo &
Humphrey, in the $116.4 million initial public
Company, a diversified U.S. financial services
offering of Patriot National, Inc., a U.S. provider
company with $1.8 trillion in assets and offices
of comprehensive outsourcing solutions within
in 36 countries.
the workers’ compensation marketplace.
In addition to representing a leading
semiconductor company in certain of the
international offerings of debt securities referred
to above, we represented the company in its
$7 billion offering of senior notes in the United
States to fund a portion of the purchase price
for an acquisition.
21
Gibson, Dunn & Crutcher
GLOBAL FINANCE
The billions in financings that our Global Finance practice advised on
facilitated high-profile corporate undertakings including acquisitions and
spin-offs in information technology and health care.
We represented T-Mobile in connection with
We served as counsel to St. Jude Medical,
$4 billion in financings, which were composed
Inc., the global medical device company, in
of a $2 billion senior secured term loan credit
its $4.1 billion financing to acquire California-
agreement and a $2 billion offering of 6.500%
based Thoratec Corporation, a world leader
senior notes due 2026. T-Mobile is one of the
in mechanical circulatory support for patients
largest providers of wireless voice and data
suffering from advanced heart failure. This
communications services in the United States.
acquisition financing was composed of a $2.6
billion senior unsecured term loan facility and
For Hewlett-Packard Company, the global
the company’s successful issuance of $1.5
information technology company, we worked
billion of senior unsecured notes. In addition to
closely together with our Capital Markets
these facilities, we represented St. Jude in an
practice to advise on multiple financings,
amendment and restatement of its $1.5 billion
including a $5 billion delayed draw term loan
multi-year senior unsecured revolving credit
facility used, among other purposes, to finance
agreement.
its multibillion-dollar acquisition of Aruba
Networks, Inc., and to cover certain costs
associated with the separation of HewlettPackard into two separate publicly traded
companies: HP Inc. and Hewlett Packard
Enterprise. The spin-off of Hewlett Packard
Enterprise was also financed by Hewlett
Packard Enterprise’s issuance of $14.6
billion senior notes and tender offers for up to
$8.8 billion of outstanding Hewlett-Packard
Company debt. We subsequently advised both
companies on separate, $4 billion revolving
credit facilities entered into in connection with
the separation.
22
2015 ANNUAL REVIEW
23
Gibson, Dunn & Crutcher
REAL ESTATE
Across the United States and the globe, our vibrant Real Estate group
handled even the most complex transactions with mastery, seamless
teamwork and flawless execution.
We represented a joint venture of The Related
We advised Hudson Pacific Properties, Inc.,
Companies and Oxford Properties in closing on
a Los Angeles-based real estate investment
a multibillion-dollar equity and debt financing
trust, in its $3.5 billion acquisition of a Northern
for the new flagship office building they are
California portfolio of 26 high-quality office
developing at Hudson Yards, a 28-acre project
assets and two development parcels from
on Manhattan’s West Side. To be built on a
Blackstone Real Estate Partners V and VI. The
platform over a working commuter rail yard,
transaction made Hudson Pacific the largest
Hudson Yards is set to include office buildings,
publicly traded office owner in Silicon Valley,
a one-million-square-foot retail mall, hotel and
with a combined portfolio totalling 53 properties
cultural facilities and residential buildings.
or 17.3 million square feet across Northern and
In December 2015, Time Warner, KKR and
Southern California and the Pacific Northwest.
Wells Fargo closed on deals to relocate to the
new two-million-square-foot office tower, and
Related and Oxford simultaneously closed on
the construction financing for the tower. Gibson
Dunn also handled the closing on construction
loans for 15 Hudson Yards, an approximately
740,000-square-foot luxury residential
condominium project with an affordable
housing component, and is handling the
construction loan for 35 Hudson Yards, a onemillion-square-foot mixed use project that will
include luxury residential condominium units,
an Equinox lifestyle hotel, an Equinox fitness
club, office space, and retail space.
Chambers and Partners named Gibson
Dunn Real Estate Team of the Year
at its 2015 Chambers USA Awards
dinner, awards that recognize law firms’
“preeminence” and “reflect notable
achievements over the past 12 months.”
24
2015 ANNUAL REVIEW
In a transaction valued at over $3 billion, we
represented Lion Gables Apartment Fund
L.P. in connection with its sale of Lion Gables
Residential Trust, a privately held real estate
investment trust that owns, manages and
develops multi-family residential properties.
UK work included advising funds managed by
Oaktree Capital Management, L.P. in the sale
of six million square feet of UK logistics assets
owned by a joint venture between Oaktree
and Anglesea Capital. The portfolio, which
consisted of 16 warehouse properties across
the UK and leased to a diverse range of tenants,
was acquired by Blackstone Real Estate
Partners for its European logistics business,
Logicor.
Gibson Dunn was named on the 2015
Global Private Equity Real Estate “PERE:
A Decade, 100 Most Influential” List.
25
Gibson, Dunn & Crutcher
PRIVATE EQUITY
Our full-service Private Equity group works globally across industries,
engaging our extensive resources on a wide range of sophisticated
transactions. These particularly notable 2015 deals included a rare
example of Western private equity capital being injected into the Middle
East region.
We were counsel to CVC Capital Partners and
We advised Sleepy’s Inc. and the members
Canada Pension Plan Investment Board on
of its holding company, including fourth-
their acquisition of Petco Animal Supplies,
generation family members and private
Inc., a leading specialty retailer of premium
equity firm Calera Capital, in a $780 million
pet food, supplies and services, from a group
sale to Mattress Firm Holding Corporation.
of investors led by TPG and Leonard Green &
The transformational transaction united the
Partners for approximately $4.6 billion. Petco
two largest U.S. mattress specialty retailers.
operates more than 1,400 locations across the
Sleepy’s, with more than 1,050 retail locations
United States, Mexico and Puerto Rico, along
in 17 states in the Northeast, New England,
with one of the leading e-commerce platforms
the Mid-Atlantic and Illinois, will be combined
in the pet industry. CVC Capital Partners is
with Mattress Firm’s more than 2,400 owned
one of the world’s leading private equity and
and franchised stores in 41 states, to create the
investment advisory firms, with a network of
largest border-to-border, coast-to-coast mattress
offices throughout the United States, Europe
specialty retailer. The combined nationwide
and Asia. Canada Pension Plan Investment
company is expected to operate nearly 3,500
Board is a professional investment management
retail stores and 80 distribution centers across
organization, governed and managed
48 states.
independently of the Canada Pension Plan, that
is headquartered in Toronto and has offices in
We represented Aurora Capital Group, the
Hong Kong, London, Luxembourg, Mumbai,
Los Angeles-based private investment firm
New York City and São Paulo.
with more than $2 billion of assets under
management, in its acquisition of Restaurant
Technologies, Inc., the only national provider of
an integrated cooking oil management solution
to the food service industry across the United
States. RTI serves over 22,000 restaurant
chains, universities, hospitals and other food
service outlets.
26
2015 ANNUAL REVIEW
In one of the very few secondary private
equity deals in the Middle East region, we
represented Emirates NBD in connection with
the acquisition of a 49% stake in Network
International by global investment firms General
Atlantic and Warburg Pincus from Abraaj
Capital Holdings Limited, the UAE-based private
equity firm. Emirates NBD will continue to
own a 51% stake in the company, a leading
payment solutions provider in the Middle East
and Africa with a presence in more than 40
countries. The sale was a rare example of
Western private equity capital being injected
into the Middle East, with both investors
attracted by the gradual transition from cash
to electronic transactions in the Middle East
and Africa.
Law360 named Gibson Dunn a Private
Equity Practice Group of the Year for
2015.
27
Gibson, Dunn & Crutcher
INVESTMENT FUNDS
Our premier Investment Funds practice brings deep experience and broad
market knowledge to clients around the world as they seek to further
their strategic goals. Working across sectors including private equity,
hedge funds, infrastructure and real estate, we advised on the formation
of funds that raised billions of dollars – including the largest first-time
infrastructure private equity fund ever raised.
We were very active for AnaCap Financial
We successfully represented the Junius
Partners, a client that invests in the European
Partners real estate platform of J.P. Morgan
financial services sector. We represented
Private Investments in the formation of three
AnaCap in the organization of Anacap Credit
real estate funds: a blind pool fund (Junius
Opportunities III, L.P., its credit fund which
Hospitality Partners) and two funds focused on
will target investments in performing, semi-
single real estate assets (Junius Bel Air Partners
performing and non-performing European credit
and Junius LVH Partners). Junius is one of the
assets, and also in AnaCap Financial Partners
primary real estate investment groups within the
III, L.P., its private equity fund which will target
bank.
investments in mid-market European financial
services businesses.
We represented Hamilton Lane in
the organization of Hamilton Lane Co-
We advised I Squared Capital in the
Investment Fund III. This fund program was
organization of its inaugural global
oversubscribed relative to its target fundraising
infrastructure fund, which raised $3 billion from
amount, closing at its hard cap of $1.5 billion.
approximately 50 institutional investors from
With the addition of this fund, Hamilton Lane is
around the world. This was the largest “first-
now ranked among the largest managers of co-
time” infrastructure private equity fund ever
investment capital in the world.
raised. The fund targets the energy, utilities
(including water and waste management) and
transportation sectors, with a geographic focus
spanning North America, Europe, China and
India.
28
2015 ANNUAL REVIEW
29
Gibson, Dunn & Crutcher
INDUSTRIES
30
2015 ANNUAL REVIEW
31
Gibson, Dunn & Crutcher
ENERGY
Our work for energy clients across the transactional, regulatory, litigation
and enforcement spheres included multiple first-of-their-kind matters.
We served as regulatory counsel to Halifax,
Achieving a highly unusual success for Tucson
Nova Scotia-based Emera, Inc. in its successful
Electric Power Company, an indirect subsidiary
bid for the Federal Energy Regulatory
of Fortis, Inc., we secured denial of a complaint
Commission’s approval of its proposed
filed against the company with FERC. The
$10.4 billion acquisition of TECO Energy, Inc.
agency denied the complaint in its entirety, an
The deal, one of the year’s biggest in energy,
action of particular significance given that the
is expected to close in mid-2016.
overwhelming practice has been to set such
matters for hearing before FERC administrative
We successfully represented the Western
law judges. The case alleged breaches
Electricity Coordinating Council (WECC) in
of contract, violation of Tucson Electric’s
its defense and settlement of a joint Federal
open access transmission tariff and undue
Energy Regulatory Commission (FERC) and
discrimination in providing transmission service.
North American Electric Reliability Corporation
(NERC) enforcement action stemming from
We advised Houston-based Dresser-Rand
the 2011 blackout that extended from Arizona
Group Inc., a leading supplier for the oil & gas,
to Southern California. The first-of-their-kind
process, power and other industries worldwide,
FERC/NERC allegations essentially charged
in its $7.6 billion takeover by Germany-based
that WECC, which was at that time the reliability
Siemens AG, a global technology company
coordinator for the Western Interconnection,
active in more than 200 countries with a focus
was partially responsible for the blackout.
on electrification, automation and digitalization.
FERC accepted a highly favorable settlement
with WECC, which included reinvestment of
more than 80% of the settlement amounts back
into WECC’s systems and operations.
32
2015 ANNUAL REVIEW
We served as counsel to top energy private
other acquirers, investors and financing sources
equity firm First Reserve Corporation in
alike – and we played a leading role in many of
connection with its $500 million majority equity
the most important of such transactions during
investment in FR Warehouse LLC, a company
the year.
jointly owned by First Reserve and publicly
traded SunEdison, Inc. In a first-of-its-kind
We are representing Luminant Holding
transaction, establishing a vehicle with a
Company, the power generation subsidiary of
revolving financing capability of up to
Dallas-based Energy Future Holdings Corp.,
$1.5 billion, FR Warehouse was formed to
in its proposed $1.3 billion acquisition of
acquire and construct development-stage solar
two natural gas-fueled power plants from La
and wind power projects from SunEdison, with
Frontera Ventures, LLC, a subsidiary of NextEra
a view to reselling the projects to SunEdison’s
Energy, Inc. Of particular significance for the
YieldCo subsidiary, TerraForm Power, or to
transaction is the fact that Luminant was the
third-party acquirers upon completion of
winning bidder in a competitive auction process
construction. The development of innovative
notwithstanding that Energy Future Holdings,
financing and investment strategies such as
the largest power company in Texas, is in the
FR Warehouse in 2015 reflected a year of
process of reorganizing in U.S. Bankruptcy
unprecedented change in the renewable power
Court. The acquisition received both court and
space – for sponsors, developers, YieldCos and
creditor groups’ approvals.
33
Gibson, Dunn & Crutcher
LIFE SCIENCES
From a hostile takeover bid to hotly contested patent and False Claims Act
lawsuits involving best-selling pharmaceutical products, our Life Sciences
teams represented clients’ interests with these exceptional results.
In the most significant hostile takeover action
to a premature special meeting to replace
involving a California corporation in years, we
Depomed’s directors. At the same time, our
scored a resounding win for Depomed, Inc.,
litigation team filed a lawsuit against Horizon
a specialty pharmaceutical company focused
alleging that its bid was unlawful and should
on pain and other central nervous system
be enjoined because it was premised on
conditions, defeating a hostile takeover bid by
misuse of highly confidential information about
Horizon Pharma plc initially valued at
Depomed’s principal asset. Following expedited
$2.2 billion. Following Horizon’s launch of a
discovery, briefing and argument, the Superior
public, unsolicited all-stock offer, our corporate
Court of California, Santa Clara County, issued
team reinforced Depomed’s structural defenses
a rare preliminary injunction stopping the
through the adoption of a “poison pill” and
takeover. Less than one hour after the ruling,
amended organizational documents to ensure
Horizon dropped the attempt altogether. This
a fair and orderly process for considering
was an exceedingly rare case in which a hostile
and responding to Horizon’s bid. With these
takeover was enjoined on the basis of a breach
measures in place, Horizon was unable to
of a confidentiality agreement.
close on a hostile exchange offer or rush
34
2015 ANNUAL REVIEW
We successfully represented Sanofi in a
Also for Sanofi we secured dismissal of a
complicated and hotly contested case involving
novel False Claims Act lawsuit by qui tam
patents on both pharmaceutical formulations
relator Amphastar Pharmaceuticals, Inc. The
and delivery devices. At issue was Sanofi’s
suit, which related to U.S. federal and state
Lantus/SoloSTAR® product, which is the third
reimbursements for Sanofi’s blockbuster
best-selling prescription drug in the United
anticoagulant drug Lovenox®, sought damages
States and provides long-acting insulin for
and fines exceeding $5 billion. After a four-
the treatment of diabetes. This drug product
day evidentiary hearing, the Central District of
is protected by patents covering the insulin
California found that rather than independently
glargine formulation as well as pen injector
developing a generic version of Lovenox®,
devices. Eli Lilly and Company had filed New
Amphastar had copied the teachings of Sanofi’s
Drug Applications with the U.S. Food and Drug
patent. As a result, the court determined that
Administration seeking approval to market
Amphastar had failed to prove that it qualified
competitive insulin pen injector products. In
as an “original source” of the information
response, on behalf of Sanofi we brought an
underlying its allegations, a jurisdictional
infringement suit under the Hatch-Waxman Act,
requirement under the False Claims Act for
asserting that Lilly’s proposed product would
suits based on publicly disclosed information.
infringe multiple patents owned by Sanofi.
On that basis, the suit was dismissed.
On the morning of trial, just before opening
statements, Lilly consented to, and the District
of Delaware entered, an order enjoining Eli Lilly
from selling its proposed product for more than
a year. As part of the negotiated resolution of
this dispute, Lilly further agreed to a royaltybearing license to certain Sanofi patents.
Law360 named Gibson Dunn a Life
Sciences Practice Group of the Year for
2015.
35
Gibson, Dunn & Crutcher
SPORTS LAW
Whether it’s bringing an NFL team back to its former home city, defending
a quarterback against suspension, or playing key roles in executive moves,
NBA home court and hospitality deals, our Sports Law practice draws
on the deep, multidisciplinary resources and experience of its firmwide
members to win the game for our clients.
Gibson Dunn serves as lead counsel for
Hollywood Park Land Company, a joint venture
between Stockbridge Capital Group LLC and the
Kroenke Group, in its plan to develop 298 acres
in Inglewood, California, including the addition
of a much-anticipated multibillion-dollar NFL
stadium and 6,000 seat performance venue.
Our coordinated team of more than a dozen
New England Patriots quarterback Tom
Brady turned to Gibson Dunn when he
wanted personal counsel to assist the NFL
Players Association in his appeal of a fourgame suspension by the National Football
League. The closely watched “Deflategate”
matter arose from allegations that the Patriots
used underinflated footballs in the AFC
Championship game against the Indianapolis
Colts. Following release of a report on the
investigation that it had commissioned, the
lawyers accomplished the formation of the
venture and entitlement of the property in
record time. Slightly less than two months
after the high-profile proposal was announced,
we secured its approval by the City Council
through a groundbreaking and innovative votersponsored initiative. And then the Kroenke
Group, owner of the St. Louis Rams football
franchise, secured NFL approval for the Rams
to move to Inglewood, returning the team to the
Los Angeles region after 20 years.
NFL announced various sanctions against the
Patriots and that it intended to suspend Brady
without pay for four games of the upcoming
2015 season. Working side-by-side with
counsel for the Players Association, we won a
victory for Brady when the Southern District of
New York tossed his suspension, allowing him
to play in the Patriots’ season opener.
Law360 named Gibson Dunn a 2015
Sports Practice Group of the Year.
36
2015 ANNUAL REVIEW
We represented Arn Tellem in his move to
In a landmark “hospitality” transaction we
become Vice-Chairman of Palace Sports &
represented Legends Hospitality – the
Entertainment, the owner of the Detroit Pistons.
concession and sports-marketing venture co-
Tellem, the well-known and former “super
owned by affiliates of the New York Yankees
agent,” will help run the Pistons.
and the Dallas Cowboys – in the buyout of
Checketts Partners Investment Fund (CPIF).
Gibson Dunn is representing NBA champion
CPIF is run by David Checketts, the former
basketball team the Golden State Warriors
President of Madison Square Garden and owner
in connection with the development of a new
of the St. Louis Blues hockey team. Legends
mixed-use office, retail and event center project
Hospitality partners with, among others,
in the Mission Bay area of San Francisco;
LiveNation, Manchester City Football Club,
the event center will serve as the new home
Notre Dame Athletics, and the Los Angeles
basketball court for the Warriors. Advising the
Angels.
team on California Environmental Quality Act
analysis and entitlements, we secured approvals
from the City of San Francisco and the Office
of Community Investment and Infrastructure
for the project, which the Governor of California
has certified as an Environmental Leadership
Project.
37
Gibson, Dunn & Crutcher
38
2015 ANNUAL REVIEW
PROMOTED AND LATERAL
PARTNERS
39
Gibson, Dunn & Crutcher
PROMOTED
PARTNERS
We have the
utmost respect
for our new
partners and
their dedication
to our firm.
They exemplify
our culture of
collegiality and
collaboration
across offices
and practice
areas that
enables us to
provide the
highest quality
of service to our
clients.
DANIEL ANGEL
New York
DOUGLAS M. CHAMPION
Los Angeles
Daniel Angel focuses his practice on
Douglas M. Champion represents real
structuring and negotiating intellectual
estate developers, energy companies,
property transactions and information
institutional lenders, private equity funds,
technology arrangements. These include
sports and entertainment operators,
patent, trademark and software licensing;
and nonprofit institutions in a broad
the settlement of IP litigation; outsourcing
range of real estate matters, including
arrangements; complex transition services
the negotiation and processing of land
agreements; commercial technology
use approvals; the purchase, sale and
transactions; and IP and IT issues in
leasing of commercial, mixed-use and
connection with mergers, acquisitions and
multi-family assets; the development of
financing transactions. He represents
renewable energy projects; the origination
a broad variety of clients, from market
and restructuring of mortgage debt; and
leaders to start-ups, across a wide range
the negotiation of title insurance. Matters
of industries. Mr. Angel graduated cum
handled include those relating to sports
laude from Tulane University School of
and concert facilities; office, residential,
Law, where he was the editor-in-chief of
transportation and municipal properties;
the International and Comparative Law
wind and solar farms; and oil fields. Mr.
Journal.
Champion received his degree from the
University of California, Berkeley, School
of Law.
40
2015 ANNUAL REVIEW
DANIEL P. CHUNG
Washington, D.C.
GABRIELLE LEVIN
New York
Daniel P. Chung is a former Assistant U.S.
Gabrielle Levin’s practice focuses
Attorney in the Southern District of New
on representing corporate clients in
York and a recipient of the Federal Law
securities class actions, shareholder
Enforcement Foundation’s Prosecutor of
derivative litigation, SOX and Dodd-Frank
the Year award. His practice covers a
whistleblower litigation, and employment
wide range of civil and criminal matters,
litigation. She also has experience
including white collar criminal defense,
representing media, technology and
securities enforcement defense, internal
entertainment companies in a wide
investigations, corporate governance and
array of matters. At the University of
compliance counseling, and complex
Pennsylvania Law School Ms. Levin was
commercial litigation. He served as a law
an Editor of the Law Review.
clerk for Judge Norman Stahl of the First
Circuit and for Judge Michael Mukasey
of the Southern District of New York.
Mr. Chung graduated cum laude from
Harvard Law School.
41
Gibson, Dunn & Crutcher
PROMOTED
PARTNERS
JOHN D. W. PARTRIDGE
Denver
HEATHER L. RICHARDSON
Los Angeles
John D. W. Partridge represents clients
Heather L. Richardson concentrates
in complex commercial litigation,
on health care, insurance, and class
government and regulatory enforcement
action matters. She has represented
defense, internal investigations, and
health plans and insurers in a variety of
compliance counseling. He has particular
lawsuits, arbitrations and government
experience in False Claims Act, health
inquiries on a wide range of issues,
care fraud and abuse, anti-corruption,
including reimbursement policy, coverage
and securities enforcement matters. Mr.
determinations, quality of care, behavioral
Partridge served as a law clerk for Judge
health, and provider contracting. Ms.
David Ebel of the Tenth Circuit, and
Richardson has also represented a variety
received his degree with distinction from
of health care clients in data privacy
Stanford Law School, where he served as
lawsuits and HIPAA compliance. She
an Executive Editor of the Stanford Law
graduated from UCLA School of Law
Review.
and also holds a Master of Public Health
degree from UCLA.
42
2015 ANNUAL REVIEW
BENYAMIN S. ROSS
Los Angeles
ROBERT VINCENT
Dallas
Benyamin S. Ross handles mergers
Robert Vincent’s practice focus is
and acquisitions, equity investments,
intellectual property litigation. He has
joint ventures and restructurings. His
handled all phases of complex patent
experience covers a broad range of
litigation, including trial, in cases
industries, with a particular focus on
involving a variety of technologies and in
media, entertainment and technology.
jurisdictions across the United States. He
He served as a law clerk for Chancellor
also has experience in Lanham Act, trade
William Chandler of the Delaware Court of
secret and False Claims Act litigation,
Chancery. At New York University School
regulatory enforcement proceedings, and
of Law Mr. Ross received the Vanderbilt
punitive damages liability. While in law
Medal and the President’s Service Award
school Mr. Vincent was an extern for then-
for achievements and public service.
Judge Sonia Sotomayor in the Second
Circuit. At Columbia University School
of Law he was named a Kent Scholar
and received the Whitney North Seymour
Medal, awarded annually to the student
who shows the greatest promise of
becoming a distinguished trial advocate.
43
Gibson, Dunn & Crutcher
LATERAL
PARTNERS
We strategically
strengthened
and expanded
our global
capabilities with
the addition of
these lateral
partners across
the United States,
in London, the
Middle East and
Asia.
JEREMY BRANDON
Dallas
PHILIP CRUMP
London
Jeremy Brandon has significant
Philip Crump’s practice covers a wide
commercial litigation experience in a
range of complex financing transactions.
wide range of practice areas, including
He has extensive experience in acquisition
antitrust, class actions, intellectual
financings for multijurisdictional LBOs
property, shareholder/creditor derivative
in Europe, acting primarily for private
litigation, and securities litigation. In
equity sponsors and debt and equity
addition to trying cases in U.S. state and
sponsors in par, stressed and distressed
federal courts, Mr. Brandon, who clerked
transactions. He has also advised clients
for Judge Jeffrey Howard of the First
on super senior revolving credit facilities
Circuit, has also briefed and argued issues
provided alongside high-yield bond
in appellate courts. He was most recently
packages, and private equity investment
a partner with Susman Godfrey, leaving for
firms on leveraging and bridging private
a two-year hiatus in 2010 to serve as legal
equity funds and co-investment plans.
counsel for then-U.S. Senator John Kerry.
His client roster includes a broad range of
In that role he advised the Senator on U.S.
private equity sponsors, alternative asset
legal matters.
managers and hedge funds. Mr. Crump
was previously a partner with Kirkland &
Ellis International in London.
44
2015 ANNUAL REVIEW
SÉBASTIEN EVRARD
Hong Kong
Y. SHUKIE GROSSMAN
New York
Sébastien Evrard handles the full
Y. Shukie Grossman joins Gibson Dunn as
spectrum of inbound and outbound
co-chair of the Investment Funds Practice
competition work in Asia and the
Group. He concentrates on the formation
European Union, including merger
of private investment funds of all sizes
control and abuse of dominance and
and investment strategies, including U.S.
cartels, antitrust-related investigations
and offshore funds focused on buyout,
and litigation matters, and counseling
growth equity, infrastructure, real estate
and compliance work. He has substantial
and credit. He has significant experience
experience in the antitrust aspects of
advising on the acquisition and sale of
intellectual property rights. He has
minority and majority stakes in fund
represented companies in the aviation,
sponsors, as well as spin-outs of fund
automotive, telecommunications, media
businesses and management teams, and
and entertainment, technology, and oil
on secondary transactions involving fund
and gas industries. Joining from Jones
interests. He advises investment firms
Day, where he practiced in the Brussels,
on their operation, regulation and internal
Beijing and Hong Kong offices, Mr. Evrard
governance arrangements. Mr. Grossman
is co-author of Anti-Monopoly Law and
previously served as co-head of the U.S.
Practice, the leading English-language
private funds group at Weil, Gotshal &
treatise on China’s competition law,
Manges and is a Columbia Law School
and Competition Law in China: Laws,
adjunct faculty member.
Regulations, and Cases.
45
Gibson, Dunn & Crutcher
LATERAL
PARTNERS
CHRIS HAYNES
London
BRIAN KNIESLY
New York
Chris Haynes is a corporate partner
Brian Kniesly concentrates his tax
focusing on equity capital markets
practice in the areas of real estate, real
transactions and M&A. He has extensive
estate investment funds, investment
experience advising companies and
trusts, and M&A. He has extensive
investment banks on initial public
experience advising on New York state
offerings, rights issues and other equity
and local taxes, including transfer
offerings, as well as on corporate and
taxes, commercial rent and occupancy
securities law and regulation. He also
taxes and others. His investment fund
advises on public and private M&A and
experience is focused on fund formations,
joint ventures. Mr. Haynes joins from
including fund structuring for hedge
Herbert Smith Freehills, where he was a
funds, real estate funds, private equity
partner.
debt funds and investor negotiations. Mr.
Kniesly was most recently a partner with
Fried, Frank, Harris, Shriver & Jacobson.
46
2015 ANNUAL REVIEW
JANE M. LOVE
New York
GRAHAM LOVETT
Dubai
Jane M. Love practices intellectual
Graham Lovett’s practice covers a broad
property and patent litigation, with
range of disputes, including regulatory
an emphasis on life sciences and
investigations, regulatory and enforcement
pharmaceutical-related cases. Holding
actions, arbitration, compliance and
a Ph.D. in molecular biology as well as a
commercial litigation. His significant
law degree, she has extensive experience
experience relates to a wide variety
in biotechnology and chemistry patent
of matters, sectors, industries and
issues, and advises on biosimilars and
regulators. He sits as an arbitrator in
post-grant proceedings under the America
domestic and international arbitrations
Invents Act. She also advises on patent
and has as well significant experience
prosecution, patent interferences and
as an advocate in Dubai International
reexaminations, and further provides
Financial Centre (DIFC) Court litigation.
strategic patent portfolio advice and
He is Chairman of the DIFC Authority
diligence. Ms. Love is experienced in a
Legislative Committee. Formerly with
wide variety of medical technology. She
Clifford Chance in London and later in
was previously the co-vice chair of Wilmer
Dubai, where he was head of the Litigation
Hale’s IP practice.
and Dispute Resolution Practice for the
Middle East region, Mr. Lovett also served
as that firm’s Managing Partner of the
Middle East region for nine years.
47
Gibson, Dunn & Crutcher
LATERAL
PARTNERS
DEEPAK NANDA
Orange County
ROBERT PÉ
Hong Kong
Deepak Nanda focuses on transactional
Robert Pé’s areas of practice are
and securities matters, including cross-
international arbitration and commercial
border M&A, dispositions, privatization
dispute resolution, with significant
transactions, leveraged recapitalizations
experience as well in commercial litigation
and buyouts. He also handles venture
and corporate investigations. He has
capital and private equity fund formation
handled a broad range of disputes,
and portfolio company investment,
including high-value international
private and public offerings of equity and
arbitrations in Hong Kong, London and
debt securities, and compliance issues.
Singapore under various rules, including
He advises companies in an array of
those of the Hong Kong International
industries and has represented clients
Arbitration Centre (HKIAC), Singapore
with projects in the United States, Europe,
International Arbitration Centre (SIAC),
the Middle East, India, Singapore, China,
ICC and UNCITRAL. Mr. Pé, a member
South Korea, Latin America and Australia.
of the HKIAC Council, is an accredited
Mr. Nanda joins from Foley & Lardner,
mediator and member of multiple
most recently serving as Managing
organizations’ panels of arbitrators. He
Partner of that firm’s Los Angeles office.
was most recently a partner with Orrick,
Herrington & Sutcliffe in Hong Kong.
48
2015 ANNUAL REVIEW
VICTORIA SHUSTERMAN
New York
ERIC SLOAN
New York
Victoria Shusterman concentrates on
Eric Sloan has 25 years of broad
commercial real estate finance. She
transactional and structuring experience,
represents commercial banks, REITs,
focusing his tax practice on the use
insurance companies and private
of partnerships and limited liability
equity investors in commercial real
companies in U.S. and cross-border M&A,
estate financing transactions and
financing transactions and restructurings.
investments, including balance sheet
He also has substantial expertise in
financings; permanent and bridge loan
initial public offerings, including advising
originations; mezzanine financing and
on many “UP-C” IPOs in a range of
other subordinate financings; construction
industries. He is experienced as well in
loans; loan participation, syndications
the formation of U.S. and cross-border
and other co-lender arrangements; and
joint ventures and acquisitions and
work-outs and restructurings. She has
dispositions of businesses and interests
also handled real estate investments
in joint ventures. Previously a principal
across the United States, Mexico and the
with Deloitte, where he established and
Caribbean, including multistate portfolio
then led its National Office Partnership
transactions involving financing of the
Taxation group, Mr. Sloan is a Georgetown
acquisition of hotel portfolios and multi-
University Law Center adjunct professor.
family apartment complexes. She joins
from Katten Muchin Rosenman.
49
Gibson, Dunn & Crutcher
LATERAL
PARTNERS
STEVE THIERBACH
London
ROBERT TRENCHARD
New York
Steve Thierbach has a broad cross-
Robert Trenchard has 20 years of
border equity and debt capital
experience in life sciences and patent
markets transactions practice. A U.S.
litigation and large, complex litigation
qualified lawyer, he advises issuers and
in a broad range of areas, including
underwriters on complex, innovative
securities, antitrust, bankruptcy,
and multijurisdictional offerings. He has
commodities regulation, insurance,
represented companies and investment
torts, telecommunications and contract
banks in major financial centers and
disputes. He has represented corporate
developing markets. Mr. Thierbach joins
and individual clients in high-profile
from Herbert Smith Freehills, where he
government investigations, in complex
was Global Head of the Capital Markets
civil and regulatory matters in U.S. federal
Practice.
and state courts, and before regulatory
agencies and in international arbitrations.
Mr. Trenchard, formerly a partner with
Wilmer Hale, clerked for Judge Lewis A.
Kaplan in the Southern District of New
York.
50
2015 ANNUAL REVIEW
51
Gibson, Dunn & Crutcher
DIVERSITY, PRO BONO AND
COMMUNITY ACHIEVEMENTS
52
2015 ANNUAL REVIEW
53
Gibson, Dunn & Crutcher
DIVERSITY
drafting and implementing a strategic
action plan. Led by management, we
BARBARA
BECKER
Chair, Firmwide
Diversity
Committee
built a solid infrastructure comprised of
an expanded department, strong diversity
committees and affinity groups, and we
undertook measures to communicate
the importance of diversity. These early
steps resulted in a culture shift at the
firm, helped us create a strong inclusive
environment, and led to an increased
T
he year 2015 marked a decade
of continued focus on our firm’s
diversity efforts.
level of fluidity when discussing diversityrelated issues.
In the second part of the decade,
we witnessed an upward shift in our
Over the first half of the decade, we
demographics that continues today.
embarked on a journey of self-reflection,
The firm has launched innovative and
goal-setting and action-planning to
collaborative initiatives aimed at furthering
expand diversity and inclusion. To assist
diversity internally and externally. We
us in doing so, Gibson Dunn hired a
proudly support organizations that move
professional dedicated to advancing
diversity forward in the profession and
diversity internally, and an external
society, and we have achieved great
consultant to help us move our efforts
success in both our community service
forward. Together they led the firm
and legal matters to advance diverse
through a multi-year process that involved
communities. Whether we are fighting for
undertaking a cultural assessment,
developing a diversity task force, and
54
2015 ANNUAL REVIEW
LGBT equality or public education reform,
retaining and advancing this targeted
we are proud that our endeavors have
demographic. We believe that these
made a considerable difference in these
measures will help us achieve our goal of
communities in which we reside.
retaining top female talent into the firm’s
We could write endlessly about our efforts
partnership and leadership roles.
over the past decade. We do, however,
We are sharpening our focus and working
want to highlight a few successful events
harder than ever to ensure that we truly
in 2015 as part of the Women of Gibson
have an inclusive environment. At Gibson
Dunn Initiative. The firm hosted an All
Dunn, we know that is the winning
Women’s Retreat for over 500 lawyers
combination and look forward to seeing
that featured a number of experts,
where the next decade takes us.
including Professor Amy Cuddy, Harvard
Business School; Sara Holtz, President,
Client Focus; and Verna Myers, Founder,
Verna Myers Consulting. This was in
addition to the Retreat’s substantive
programming featuring our own women
partners and associates. Throughout the
year we hosted a dozen other substantive
programs led by our partners and
senior associates. In addition, the firm
developed a Women of Color Initiative
and strengthened our LGBT Women’s
Initiative, both of which are focused on
increasing our resources for recruiting,
55
Gibson, Dunn & Crutcher
PRO BONO
service, invaluable pro bono work and
meaningful financial contributions.
SCOTT
EDELMAN
Pro Bono Chair
We let community service and pro
bono projects originate with interested
associates and partners. In this way our
program remains continually dynamic,
reflects the diversity of our lawyers, and
achieves the widest scope and impact.
The firm further supports participation by
giving one-to-one billable credit for all pro
W
bono work performed.
our firm’s long tradition of service to the
Challenge, we have pledged to use our
communities that are such a big part of
best efforts to perform at least 60 pro
our success, we were again privileged
bono hours annually per lawyer. And
and honored to serve those in need. We
every year since 2005, when we signed
believe that by working to strengthen the
the Challenge, we have exceeded that
rule of law, help the disadvantaged and
target. In 2015, our United States-based
bring top-quality legal thinking to those
attorneys devoted a total of 130,005 hours
who might otherwise be overlooked by
to pro bono, averaging over 120 hours per
the justice system, we deliver tangible
person – double the 60-hour minimum.
benefits to both our firm and our clients.
Our international offices also contributed
Our community involvement adds
impressively to local and global
important dimensions to the growth and
communities, including working to set
development of our lawyers, both as
up a clinic to assist low-income domestic
professionals and as citizens of those
violence victims in an underserved part
communities.
of London, and assisting a vast array
e are pleased to report on
another stellar year. Continuing
We are involved in the community in every
region around the globe in which the firm
As a firm committed to the Pro Bono
of charities in the Brussels and Paris
communities.
has locations. With the efforts of vibrant
We are well-known for representing clients
Community Affairs Committees and
with passion, commitment, innovative
dedicated partners and associates in each
thinking and limitless tenacity. We
office, Gibson Dunn supports hundreds
approach community and pro bono
of nonprofit organizations through board
service no differently than we approach
paid work. We are proud of the results
56
2015 ANNUAL REVIEW
and the impact we have had, providing
area, the Capital Area Immigrants’ Rights
access to justice for those who could
(CAIR) Coalition presented Gibson Dunn
not otherwise afford it. In 2015, lawyers
with its Law Firm of the Year 2015 award
across the firm worked on a wide variety
in recognition of the number of matters
of matters, including asylum, immigration
our firm successfully handled for CAIR
cases for unaccompanied minors, and
clients over the last year. And our Orange
the representation of domestic violence
County office received the California State
victims, special needs children seeking
Bar President’s 2015 Pro Bono Service
public benefits, trafficking victims,
Award. Finally, Asian Legal Business
low-income families facing improper
named Gibson Dunn to its 2016 CSR List,
evictions, and veterans.
which recognizes the corporate social
In 2015, we also partnered with a number
of our clients on a variety of projects. In
doing this, we were proud to assist in
growing the network of attorneys providing
responsibility initiatives of 25 law firms in
Asia “that clearly have their hearts in the
right place when it comes to giving back
to their communities.”
pro bono service to the communities in
The results that we achieved were only
which we live and work. It is our hope
possible through the commitment and
that by continuing these partnerships, we
hard work of all staff, lawyers and clients
will collectively serve our communities
who devoted their time, energy and skills.
even more forcefully.
We acknowledge and deeply thank them
We are continually gratified by the
recognitions that we receive. Law360
named Gibson Dunn as one of its 20
Pro Bono Firms of 2015, our fourth
consecutive year on the list. Law360
for their willingness and desire to give
back to the community, to step out of their
comfort zones, and to make a difference
in others’ lives. Their efforts allowed us as
a firm to make such an impact.
also named our firm to its 2015 list of Pro
To specifically honor exemplary pro bono
Bono All Stars, featuring 17 law firms that
work by our lawyers and staff, each
had “demonstrated exceptionally stalwart
year as a firm we give our own Frank
commitment to pro bono work year after
Wheat Memorial Award. We invite you
year.”
to read descriptions of the 2015 team
Gibson Dunn was additionally honored
with The Legal Aid Society’s 2015
Pro Bono Publico Award for providing
exceptional legal services to low-income
New Yorkers. In the Washington, D.C.
and individual winners on the pages that
follow.
57
Gibson, Dunn & Crutcher
FRANK
WHEAT
MEMORIAL
AWARDS
Each year,
Gibson Dunn honors
exemplary pro bono
work of our lawyers
and staff by giving
our own Frank
Wheat Memorial
Award, named for
our late partner
Frank Wheat, a
superb transactional
lawyer and giant
in the nonprofit
community. These
annual awards are
given to lawyers who
obtained significant
results for their
pro bono clients,
demonstrating
leadership and
initiative that serves
as inspiration to
others. The award
recipients receive
$2,500 to be
donated to a pro
bono organization of
their choice.
INDIVIDUAL AWARDS
TOM PACK
SAN FRANCISCO
JIN YOO
WASHINGTON, D.C.
Associate Tom Pack is honored for
Associate Jin Yoo is honored for his work
winning U.S. asylum for two women
representing three Honduran children
and their daughter who fled their small
who had suffered severe domestic abuse
Mexican city in the middle of the night
at the hands of their fathers while living
after witnessing a neighbor’s murder at
in that country. The children came to
the hands of a drug cartel and receiving
the United States undocumented to
subsequent death threats. Within weeks
join their mothers, and the government
of arriving in California the women were
promptly initiated removal proceedings.
able to legally marry, thanks to equal
A hearing was granted in a Maryland
marriage rights secured by Gibson
court to determine the children’s custody
Dunn in the U.S. Supreme Court’s 2013
status and their eligibility for Special
Hollingsworth v. Perry decision. Tom
Immigrant Juvenile Status relief. The
learned about the persecution the clients
Maryland court granted complete custody
had experienced in Mexico as LGBT
over the children to the mothers and
individuals and as a family, and was
found all three children eligible for SIJS
able to build a strong case for asylum.
relief. One month later, the Immigration
He successfully represented them in
Court in Baltimore took notice of the
pretrial negotiations with the Department
Maryland court’s findings and dismissed
of Homeland Security and at the merits
the government’s removal proceedings
hearing in immigration court. After
against the children.
asylum was granted, DHS waived its right
to appeal.
58
2015 ANNUAL REVIEW
TEAM WINNER
FIGHTING AND WINNING FOR MINORITY VOTING RIGHTS
Our 2015 winning team secured a Voting
the Act by unlawfully diluting the voting
Rights Act victory on behalf of a group of
strength of black voters; enjoined the
minority citizens of Albany County, New
County from holding further elections
York following three years of litigation and
under the plan; and ordered it to create
a 13-day trial in the Northern District of
a remedial redistricting plan adding a
New York. Gibson Dunn filed suit against
fifth majority-minority district before the
the County of Albany and the Albany
next election. Defendants elected not to
County Board of Elections after the Albany
appeal. This was the third consecutive
County Legislature enacted a redistricting
suit against the defendants over the
plan that maintained the number of
redistricting of the Albany County
majority-minority districts (those in which
Legislature, with both prior suits (in 1991
minority residents are a majority) at four,
and 2003) leading to the addition of
over the objections of minority legislators
majority-minority districts.
and Albany County citizens.
The team was led by partners Mitch
The Northern District found that, following
Karlan, Aric Wu and Anne Champion and
the 2010 census, the Legislature used
included associates Kyle Kolb, Brittany
an unduly restrictive definition of minority
Garmyn, Gabriel Gillett, Jonathan Fortney,
in designing the redistricting plan, which
Kristin Carlson, Amy Mayer, Alyssa Kuhn,
it enacted without adequate opportunity
Masha Bresner, Jeana Maute, Lindsey
for community review or input. The court
Schmidt and Peter Wade
held that the plan violated Section 2 of
(pictured top to bottom, left to right).
59
Gibson, Dunn & Crutcher
60
2015 ANNUAL REVIEW
61
Gibson, Dunn & Crutcher
www.gibsondunn.com
Beijing
Brussels
Century City
Dallas
Denver
Dubai
Hong Kong
London
Los Angeles
Munich
New York
Orange County
Palo Alto
Paris
San Francisco
São Paulo
Singapore
Washington, D.C.
Download