Gibson Dunn 2010 Annual Review - Gibson, Dunn & Crutcher LLP
Gibson Dunn 2010 Annual Review - Gibson, Dunn & Crutcher LLP
Gibson Dunn 2010 Annual Review - Gibson, Dunn & Crutcher LLP
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<strong>2010</strong><br />
AnnuAl<br />
<strong>Review</strong>
Table of Contents<br />
Message from our Managing Partner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2<br />
Litigation Highlights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4<br />
U .S . Supreme Court Victories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5<br />
Litigation Successes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6<br />
Business Restructuring and Reorganization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14<br />
Transactional Highlights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16<br />
Mergers & Acquisitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17<br />
Capital Markets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20<br />
Global Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23<br />
Film . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24<br />
Real Estate Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25<br />
Global . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27<br />
Europe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28<br />
Middle East . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31<br />
Asia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33<br />
New Partners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35<br />
Promoted Partners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36<br />
Lateral Partners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37<br />
Diversity — Pro Bono . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38<br />
Diversity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39<br />
Pro Bono . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40<br />
Frank Wheat Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
Message from our Managing Partner<br />
Message from our Managing Partner<br />
Dear Clients, Colleagues and Friends,<br />
<strong>Gibson</strong> <strong>Dunn</strong> has long maintained a deep and unwavering commitment to excellence that is reflected in our<br />
client base and the lawyers we have been able to attract . Thanks to both our loyal clients and our talented<br />
attorneys and staff, we have had a successful year, despite a challenging economic market . In fact, since<br />
our last report, we opened a Hong Kong office, which gives us a larger platform — along with our Singapore<br />
office — to serve our clients in Asia and better access to the increasingly vital China market .<br />
We continue the winning streak that led to our two-year designation as American Lawyer’s <strong>2010</strong> Litigation<br />
Department of the Year . Legal360 named our Appellate, White Collar, Securities, and Class Action Groups<br />
among its top five, and our Antitrust Group earned the prestigious USA Award for Excellence from Chambers<br />
and Partners .<br />
Our Supreme Court practice continues to make history, emerging victorious this year in Citizens United<br />
v. Federal Election Commission, where the Court held that corporations and other entities have a First<br />
Amendment right to engage in political speech . Perry v. Schwarzenegger, our landmark federal constitutional<br />
challenge to California’s gay marriage ban, is on appeal following an unprecedented three-week trial<br />
where the court held that California’s Proposition 8 is unconstitutional under both the Due Process and Equal<br />
Protection Clauses . Since being retained by Chevron Corporation in the Lago Agrio environmental litigation<br />
based in Ecuador, the Firm has scored significant victories, including persuading the Second Circuit to order<br />
a filmmaker to turn over highly incriminating outtakes . Our Intellectual Property litigators won a closely<br />
watched jury trial on behalf of Novell and Red Hat in a patent infringement case . Our white collar practice,<br />
including corporate and government investigations, continued to strengthen with significant representations<br />
across the globe . In the Foreign Corrupt Practices Act area, a <strong>Gibson</strong> <strong>Dunn</strong> partner has been serving as<br />
counsel to the Siemens’ Compliance Monitor in the aftermath of the company’s SEC settlement resolving<br />
corruption-related charges .<br />
Our transactional practice rebounded in <strong>2010</strong> with <strong>Gibson</strong> <strong>Dunn</strong> playing a major role in a wide range of<br />
transactions . We were privileged to represent some of the largest companies in the world in their strategic<br />
acquisitions, including Hewlett-Packard in its acquisitions of Palm and ArcSight, Intel in its acquisition of<br />
Numonyx, and Heineken in its acquisition of FEMSA Cerveza . We also represented Del Monte Foods Co . in<br />
its sale to an investor group led by KKR and CommScope in its sale to The Carlyle Group .<br />
2 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
Our Capital Markets group represented issuers and underwriters in equity and debt offerings, including<br />
IPOs, convertible notes and high-yield offerings . We participated in significant equity offerings on behalf<br />
of Air Lease Corporation and Towers Watson & Co ., and in the IPO market, we represented Vallar Limited,<br />
Douglas Dynamics and Goldman Sachs as underwriter to Financial Engines, Inc .<br />
Our pro bono commitment has increased in every respect — total number of pro bono hours, hours per attorney<br />
and the number of attorneys performing significant pro bono service during the year . Our pro bono<br />
efforts continue to be recognized by numerous national legal service providers, including the National Legal<br />
Aid & Defender Association, which awarded <strong>Gibson</strong> <strong>Dunn</strong> its Beacon of Justice Award for extraordinary commitment<br />
to pro bono legal representation in the area of immigration law .<br />
Diversity remains a top management priority . Since completing our diversity action plan last year, we have revamped<br />
our committee structures, updated our policy on flex-time and created a Professional Development<br />
Department to enhance the professional experience of all attorneys, including our diverse lawyers . We also<br />
welcomed a new Chief Diversity Officer to help us implement our goals . We believe that attracting and retaining<br />
attorneys and staff from diverse backgrounds is essential to providing the highest quality legal services .<br />
<strong>Gibson</strong> <strong>Dunn</strong> is proud of its reputation as one of the leading law firms in the world, as well as our core values<br />
of professionalism, integrity, collegiality and mutual respect . It has been our privilege to work with so many<br />
outstanding clients in <strong>2010</strong>, and we look forward to working together in the coming year .<br />
Sincerely,<br />
Kenneth M. Doran<br />
Chairman & Managing Partner<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 3<br />
Message from our Managing Partner
Litigation<br />
HigHLigHts
Litigation Highlights<br />
As detailed in the following pages, <strong>Gibson</strong> <strong>Dunn</strong> won an important First<br />
Amendment case in the U.S. Supreme Court, obtained a landmark trialcourt<br />
decision in a constitutional challenge to California’s ban on gay<br />
marriage and took on the defense of Chevron Corporation in a multinational<br />
toxic tort suit.<br />
U.S. Supreme Court Victories<br />
obtained Landmark decision in Citizens United<br />
In one of the most far-reaching decisions of the term, we were victorious in Citizens United v.<br />
Federal Election Commission, where the Court held that corporations and other entities have a First<br />
Amendment right to engage in political speech . <strong>Gibson</strong> <strong>Dunn</strong> represented Citizens United, a nonprofit<br />
advocacy corporation that produced a critical documentary about then-Senator Hillary Clinton .<br />
Citizens United was prohibited from distributing the movie because federal law made it a felony for<br />
corporations to use general treasury funds for political advocacy . Citizens United filed suit and lost<br />
before a three-judge district court . Reversing, the Supreme Court held that portions of the McCain-<br />
Feingold campaign finance law and other federal laws banning corporate and union expenditures on<br />
political speech violate the First Amendment .<br />
PrevaiLed on beHaLf of conrad bLack<br />
<strong>Gibson</strong> <strong>Dunn</strong> successfully represented Conrad Black, the former CEO of Hollinger International,<br />
in a major case before the U .S . Supreme Court, raising the question whether the government’s<br />
broad interpretation of the ‘Honest Services’ provision of the federal mail fraud statute was unconstitutionally<br />
vague . We persuaded a unanimous Court that Conrad’s convictions were based on an<br />
unconstitutional application of the statute .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 5<br />
Litigation Highlights
Litigation Highlights<br />
Chambers UsA: America’s Leading<br />
Lawyers for Business <strong>2010</strong> awarded<br />
<strong>Gibson</strong> <strong>Dunn</strong> 204 rankings, with the<br />
Firm and its attorneys achieving<br />
a total of 51 first-tier rankings,<br />
13 of which were firm practice<br />
group rankings.<br />
American Lawyer ranked <strong>Gibson</strong><br />
<strong>Dunn</strong> 7th on its <strong>2010</strong> A-List of the<br />
nation’s law firm elite. The American<br />
Lawyer considers the 20 A-List law<br />
firms to be the most elite law firms<br />
in the country. The rankings are<br />
determined by financial performance,<br />
associate satisfaction, commitment to<br />
pro bono and diversity.<br />
the Best Lawyers in America 2011<br />
named 100 <strong>Gibson</strong> <strong>Dunn</strong> lawyers as<br />
leading lawyers in 30 practice areas,<br />
based on peer review.<br />
Corporate Board Member magazine<br />
ranked <strong>Gibson</strong> <strong>Dunn</strong> 8th in its <strong>2010</strong><br />
annual survey of America’s Best<br />
Corporate Law Firms, based on a<br />
survey of general counsel who were<br />
asked to name the outside law firm<br />
they most admire. In a separate<br />
survey, <strong>Gibson</strong> <strong>Dunn</strong> ranked 12th in<br />
the publication’s annual top 20 list of<br />
America’s Best Corporate Law Firms.<br />
Litigation Successes<br />
successfuLLy rePresented nbc in<br />
“fLeeting exPLetives” case<br />
We represented NBC Universal in a case that was<br />
a significant victory for broadcast television networks<br />
. The Second Circuit ruled that the Federal<br />
Communications Commission’s policy concerning<br />
“fleeting expletives” in live television broadcasts<br />
violates the First Amendment because it is unconstitutionally<br />
vague and chills protected speech .<br />
obtained dismissaL for accounting firm<br />
We obtained a dismissal for client Ernst & Young in<br />
a case stemming from the Madoff scandal, where<br />
investors in the Tremont Partners Inc . hedge fund<br />
sued over losses suffered when Madoff’s Ponzi<br />
scheme collapsed . The putative class action sought<br />
to hold Ernst & Young — which audited the hedge<br />
fund, but not Madoff’s firm — liable . The Southern<br />
District of New York dismissed, holding that Ernst<br />
& Young could not be held liable for failing to audit<br />
Madoff’s operations when they were not engaged<br />
to audit those operations and no facts were alleged<br />
demonstrating Ernst & Young had been complicit in<br />
the fraud, knew of it or had consciously disregarded<br />
facts that should have alerted it to the fraud .<br />
PrevaiLed at triaL for vestin mortgage<br />
We prevailed after an 11-day bench trial in the<br />
Superior Court of the State of California, County of<br />
San Diego in two consolidated nationwide class actions<br />
for Vestin Mortgage, Inc ., one of the nation’s<br />
leading real-estate-based fund managers, involving<br />
alleged breaches of publicly traded real estate investment<br />
trusts . We defeated plaintiffs’ motion for<br />
summary adjudication, successfully moved to strike<br />
plaintiffs’ prayer for punitive damages and obtained<br />
a dismissal with prejudice of plaintiffs’ tort claims .<br />
6 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
successfuLLy settLed inteL ftc action<br />
We have successfully represented Intel in a series<br />
of antitrust actions and government investigations<br />
over the past five years . This year, Intel<br />
favorably settled a civil antitrust enforcement<br />
action with the Federal Trade Commission, relating<br />
to various business activities and products .<br />
After months of intense litigation, the FTC and<br />
Intel reached a proposed comprehensive settlement<br />
agreement in the form of a consent decree<br />
containing relief on a considerably smaller<br />
scale than sought by the complaint . Intel did<br />
not admit any violations of law as part of the settlement,<br />
but agreed to modify certain aspects<br />
of its business practices . The FTC action came<br />
on the heels of the settlement of a monopolization<br />
suit by Advanced Micro Devices, one of the<br />
largest antitrust cases ever brought .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 7<br />
obtained reversaL for saic<br />
We obtained a reversal for Science Applications<br />
International Corp . (SAIC) in a False Claims Act<br />
appeal, arising from SAIC’s contracts with the<br />
Nuclear Regulatory Commission . The government<br />
claimed SAIC’s alleged noncompliance<br />
with conflict-of-interest obligations transformed<br />
its facially accurate requests for payment into<br />
impliedly false claims . The D .C . Circuit set aside<br />
a jury verdict, holding the trial court had improperly<br />
instructed the jury .<br />
Won insider trading action against sec<br />
<strong>Gibson</strong> <strong>Dunn</strong> achieved a victory in a contentious<br />
insider trading action brought by the SEC<br />
against hedge fund client Wynnefield Capital<br />
and its chief portfolio manager, Nelson Obus .<br />
The Southern District of New York granted summary<br />
judgment in favor of <strong>Gibson</strong> <strong>Dunn</strong>’s clients<br />
following eight years of litigation . In a rebuff<br />
to the SEC, the court adopted the defense arguments<br />
that the SEC failed to adduce evidence<br />
sufficient to prove three elements of insider<br />
trading: duty, breach, and scienter .<br />
Won summary Judgment for verizon<br />
We obtained summary judgment for Verizon<br />
New York Inc . in a longstanding feud with The<br />
City of New York . Verizon pays the State of New<br />
York hundreds of millions of dollars in special<br />
franchise taxes, which the state distributes to<br />
municipalities to compensate for Verizon’s use<br />
of municipal streets and infrastructure . In 2003,<br />
the City brought suit seeking a declaration that<br />
Verizon must obtain a separate municipal franchise<br />
and pay additional municipal franchise<br />
fees to maintain and operate telecommunications<br />
facilities within the City . In <strong>2010</strong>, the<br />
Supreme Court of New York granted summary<br />
judgment, finding that Verizon already had the<br />
requisite state franchise and municipal permission<br />
needed to place aerial and underground<br />
fixtures and lines throughout the City and needed<br />
no further municipal franchise from the City .<br />
Litigation Highlights
Litigation Highlights<br />
Global Competition <strong>Review</strong> <strong>2010</strong><br />
ranked the Firm’s antitrust practice<br />
11th in the world in its Global Elite<br />
ranking, which features the top 20<br />
antitrust practices. <strong>Gibson</strong> <strong>Dunn</strong> was<br />
also ranked as an elite firm in the<br />
category United States: California<br />
and was highly recommended in the<br />
area of United States: Governmental<br />
Antitrust. Additionally, 11 attorneys<br />
are ranked in the international Who’s<br />
Who of Competition Lawyers: Peter<br />
Alexiadis, Jarrett Arp, Robert Cooper,<br />
Michael Denger, Joseph Kattan, Sean<br />
Royall, Joel Sanders, Gary Spratling,<br />
Peter Sullivan, Dan Swanson and<br />
David Wood.<br />
the daily Journal named<br />
Ted Boutrous Jr., Scott Edelman and<br />
Andrea Neuman to its <strong>2010</strong> annual list<br />
of California’s Top 100 lawyers.<br />
U.s. news Media Group and Best<br />
Lawyers awarded <strong>Gibson</strong> <strong>Dunn</strong> 41<br />
top-tier practice area rankings in the<br />
<strong>2010</strong> inaugural publication of their<br />
Best Law Firms survey.<br />
Won Jury verdict in Patent case<br />
In a case that was closely watched by Linux distributors,<br />
<strong>Gibson</strong> <strong>Dunn</strong> prevailed on behalf of Novell<br />
Inc . and Red Hat, Inc ., the world’s leading provider<br />
of open-source solutions, in a jury trial in the<br />
Eastern District of Texas . In this patent infringement<br />
case brought by IP Innovation LLC, a subsidiary<br />
of Acacia Research Corporation and Technology<br />
Licensing Corporation, the jury returned a verdict<br />
finding that the three patents at issue were invalid<br />
and declined to award any damages .<br />
secured victory for magazine WHoLesaLer<br />
<strong>Gibson</strong> <strong>Dunn</strong> secured a victory for magazine wholesaler<br />
Hudson News Distributors, LLC in an antitrust<br />
action brought by a former competitor alleging that<br />
Hudson conspired with major magazine publishers<br />
and magazine distributors to cut off its supply<br />
of magazines and drive it out of business . The<br />
Southern District of New York granted Hudson’s<br />
motion to dismiss all claims with prejudice .<br />
overturned muLtimiLLion-doLLar<br />
Judgment for investment bank<br />
We convinced the Ninth Circuit to overturn a multimillion-dollar<br />
judgment against investment bank,<br />
Bayerische Hypo-und Vereinsbank AG, for alleged<br />
violations of the RICO Act stemming from a tax evasion<br />
scheme . In setting aside a summary judgment,<br />
the Ninth Circuit held that the plaintiff could not<br />
prevail on his RICO claim as a matter of law because<br />
he could not establish proximate causation .<br />
defeated cLass certification for eHarmony<br />
We represented eHarmony in the successful defense<br />
of a class action challenging eHarmony’s<br />
alleged practice of keeping defunct membership<br />
profiles active and matching them with active, paying<br />
subscribers without notifying them . The lawsuit<br />
sought restitution of monthly subscription fees paid<br />
by millions of eHarmony subscribers . After removing<br />
the case to federal court under the Class Action<br />
Fairness Act, we successfully moved to strike<br />
claims under the Consumers Legal Remedies Act<br />
and plaintiff’s prayer for disgorgement of profits,<br />
and defeated class certification with an evidencebased<br />
showing of lack of reliance on claimed misrepresentations<br />
and omissions .<br />
serving as u.s. counseL to siemens’<br />
comPLiance monitor<br />
<strong>Gibson</strong> <strong>Dunn</strong> lawyers support partner F . Joseph<br />
Warin in his role as U .S . counsel to the independent<br />
compliance monitor of Siemens Aktiengesellschaft<br />
and several of its subsidiaries (“Siemens”) . In<br />
2008, Siemens settled civil and criminal charges<br />
arising from allegations that they had violated the<br />
U .S . Foreign Corrupt Practices Act . In connection<br />
with the settlements, Siemens engaged Dr . Theo<br />
Waigel, the former German Minister of Finance, as<br />
its compliance monitor . As counsel to the compliance<br />
monitor, Mr . Warin, with his team of <strong>Gibson</strong><br />
<strong>Dunn</strong> lawyers, reviews Siemens’ anti-corruption<br />
compliance controls, policies, and procedures .<br />
The team, in turn, prepares reports for and meets<br />
with SEC and DOJ lawyers on the effectiveness of<br />
Siemens’ anti-corruption compliance efforts .<br />
8 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
Landmark ruLing for gay marriage<br />
<strong>Gibson</strong> <strong>Dunn</strong> represents the plaintiffs in Perry v.<br />
Schwarzenegger, a landmark federal constitutional<br />
challenge to California’s Proposition 8, which denies<br />
marriage to gay men and lesbians . After a three-week trial<br />
in August, U .S . District Court Judge Vaughn Walker in<br />
San Francisco held that California’s law is unconstitutional<br />
under both the Due Process and Equal Protection Clauses<br />
because it denies gay men and lesbians the fundamental<br />
right to marry and because it singles out gay men and<br />
lesbians for unequal treatment with no rational basis for<br />
doing so . The decision is the first federal case to consider<br />
whether gay men and lesbians are guaranteed the freedom<br />
to marry under the U .S . Constitution . The New York Times<br />
described the ruling as an “instant landmark in American<br />
legal history” and “a stirring and eloquently reasoned<br />
denunciation of all forms of irrational discrimination .” The<br />
proponents of Proposition 8 appealed Judge Walker’s<br />
ruling to the Ninth Circuit, and in December, we argued<br />
in defense of the decision below . Following oral argument,<br />
the Ninth Circuit asked the Supreme Court of California to<br />
answer a question relating to whether the proponents of<br />
Proposition 8 have standing to appeal the District Court’s<br />
ruling when California’s Governor and Attorney General<br />
have chosen not to do so .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 9<br />
Litigation Highlights
Litigation Highlights<br />
Institutional Investor’s<br />
Benchmark Litigation Guide<br />
for 2011 recommended <strong>Gibson</strong> <strong>Dunn</strong><br />
as a leading firm in the areas of<br />
Antitrust, Appellate, General<br />
Commercial Litigation, Intellectual<br />
Property and Securities, Bankruptcy,<br />
Product Liability and White Collar<br />
Crime. Benchmark also recognized<br />
25 partners as “litigation stars”:<br />
Wayne Barsky, John Behrendt,<br />
Theodore Boutrous Jr., Joseph Busch,<br />
Robert Cooper, Michael Denger, Scott<br />
Edelman, Miguel Estrada, Barry<br />
Goldsmith, Nick Hanna, Thomas<br />
Hungar, Joseph Kattan, Dean Kitchens,<br />
Josh Krevitt, Randy Mastro, Theodore<br />
Olson, Mark Perry, Sean Royall, Joel<br />
Sanders, Eugene Scalia, Wayne Smith,<br />
Orin Snyder, Gary Spratling, Andrew<br />
Tulumello and Joseph Warin. Nine<br />
partners were named “future stars”:<br />
Robert Blume, Frederick Chung,<br />
Ethan Dettmer, Michael Farhang,<br />
George Nicoud, Charles Nierlich, Adam<br />
Offenhartz, Julian Poon and Aric Wu.<br />
Chambers and Partners named<br />
<strong>Gibson</strong> <strong>Dunn</strong> the winner of the<br />
Chambers USA Award for Excellence<br />
<strong>2010</strong> in the Antitrust category.<br />
Won seinfeLd coPyrigHt case<br />
We won a copyright infringement lawsuit for Jessica<br />
Seinfeld and HarperCollins stemming from the publication<br />
of her bestselling book Deceptively Delicious .<br />
The suit was filed by Missy Chase Lapine, who claimed<br />
the Seinfeld book plagiarized her cookbook . The<br />
Southern District of New York dismissed the copyright<br />
infringement claims and the Second Circuit affirmed .<br />
Won reversaL of Jury verdict in<br />
Hurricane katrina case<br />
We obtained a reversal of a $20 million jury verdict<br />
against Lexington Insurance Co . arising from<br />
Hurricane Katrina by convincing the Fifth Circuit<br />
that it rested on an erroneous interpretation of an<br />
insurance policy . The Court held that the policy did<br />
not permit recovery for business interruption losses<br />
where the plaintiff earned sufficient revenue from<br />
resuming operations to pay its actual expenses .<br />
obtained deniaL of cLass certification<br />
in securities fraud case<br />
We obtained an order denying class certification in<br />
a securities fraud action against The First American<br />
Corporation and its subsidiary eAppraiseIT, LLC .<br />
The lawsuit was filed in the wake of allegations<br />
by the New York Attorney General of improper<br />
home-appraisal practices and an alleged decline<br />
of over $2 billion in the market capitalization of<br />
First American . In denying class certification, the<br />
Southern District of New York held that investors in<br />
First American stock were not entitled to a classwide<br />
presumption of reliance and, therefore, could<br />
not satisfy the predominance requirement for class<br />
certification .<br />
Won dismissaL for fLexsys<br />
We successfully represented Flexsys America L .P .<br />
and Flexsys N .V ., a producer of rubber chemicals,<br />
that allegedly intimidated major tire companies into<br />
boycotting plaintiff, Korea Kumho Petrochemical,<br />
through threatened patent infringement litigation<br />
and threats of supply cut-offs . The Ninth Circuit affirmed<br />
the dismissal of all antitrust claims against<br />
Flexsys, ending four years of litigation before three<br />
district courts in two states, multiple motions to dismiss<br />
and a significant decision relying on principles<br />
of international comity to bar the discovery of immunity<br />
materials exchanged between Flexsys and<br />
the European Commission .<br />
Won dismissaL for internationaL Paint<br />
We obtained a dismissal of state law antitrust<br />
claims for International Paint in an action brought<br />
by a terminated distributor of yacht paint in<br />
Broward County, Florida Circuit Court alleging a<br />
price fixing conspiracy .<br />
10 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
obtained dismissaL for tesoro<br />
We obtained a dismissal of all claims from the U .S .<br />
District Court in Denver in an antitrust class action<br />
against various energy companies including <strong>Gibson</strong><br />
<strong>Dunn</strong> client, Tesoro . The proposed class, which offers<br />
drug and alcohol screening and program administration<br />
services to employers, claimed they<br />
had been unfairly prevented from offering their services<br />
to U .S . oil producers and oil refinery operators<br />
through alleged exclusionary agreements and monopolistic<br />
conduct by one service provider .<br />
overturned inJunction for novo nordisk<br />
In a patent case, <strong>Gibson</strong> <strong>Dunn</strong> persuaded the<br />
Federal Circuit to overturn an injunction ordering<br />
Novo Nordisk to alter the “use code narrative” it<br />
submitted to the Food and Drug Administration . In<br />
a decision that should benefit innovator drug companies,<br />
the Federal Circuit, adopting Novo Nordisk’s<br />
argument, held that the counterclaim added to the<br />
Hatch-Waxman Act in 2003 is narrowly limited and<br />
cannot be used to force changes in a drug maker’s<br />
use code narrative .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 11<br />
Won dismissaL of securities action for<br />
canadian imPeriaL bank<br />
We successfully represented former and current<br />
officers of Canadian Imperial Bank of Commerce,<br />
including its President and Chief Executive Officer,<br />
in a putative securities class action arising out of<br />
the decline of CIBC’s stock price following the announcements<br />
of write-downs of the bank’s mortgage-backed<br />
securities portfolio . The Southern<br />
District of New York dismissed all the claims .<br />
obtained Judgments for creditors of tHe<br />
rePubLic of argentina<br />
We persuaded the Second Circuit to affirm judgments<br />
worth more than $2 billion in favor of NML<br />
Capital, Ltd . and other creditors against the Republic<br />
of Argentina for the Republic’s failure to honor the<br />
floating-rate bonds it had issued . The Court rejected<br />
the Republic’s assertion that it should be excused<br />
from paying even though the floating interest rate<br />
had climbed to more than 100% per year .<br />
Won aPPeaL in antitrust suit for covidien<br />
We obtained an affirmance for Covidien in an antitrust<br />
suit by purchasers of pulse oximetry products .<br />
In its published decision the Ninth Circuit rejected<br />
the plaintiffs’ claims under Sections 1 and 2 of the<br />
Sherman Act, holding that Covidien’s sole-source<br />
and market-share discounts did not foreclose competition<br />
in a substantial share of the relevant market<br />
and that its product was an improvement over<br />
previous designs .<br />
Best Lawyers named Wayne Barsky<br />
as its 2011 Los Angeles Intellectual<br />
Property Lawyer of the Year.<br />
Law360 named <strong>Gibson</strong> <strong>Dunn</strong> among<br />
the top five firms of <strong>2010</strong> for its<br />
Appellate, Class Action, Securities<br />
and White Collar Groups.<br />
the daily Journal named Marjorie<br />
Lewis, Andrea Neuman and Meryl<br />
Young to its annual list of Top<br />
Women Litigators.<br />
the daily Journal featured Los<br />
Angeles partner Christopher Dusseault<br />
in its annual list of Top 20 California<br />
Attorneys Under 40.<br />
the daily Journal recognized three<br />
<strong>Gibson</strong> <strong>Dunn</strong> cases in its annual<br />
feature on top plaintiffs’ and defense<br />
verdicts in California: Perry v.<br />
Schwarzenegger, where California’s<br />
ban on gay marriage was held<br />
unconstitutional; Tellez v. Dole, where<br />
the Firm won reversal of a multimillion<br />
dollar jury verdict based on<br />
newly discovered evidence of fraud;<br />
and Lexin v. Superior Court, where the<br />
California Supreme Court dismissed<br />
criminal charges against members of<br />
the board of trustees of the San Diego<br />
City Employees’ Retirement System.<br />
Litigation Highlights
Litigation Highlights<br />
Jury verdict set aside for doLe<br />
<strong>Gibson</strong> <strong>Dunn</strong> attorneys scored a major victory for Dole Food<br />
Company, Inc . this year when a Los Angeles Superior Court<br />
judge threw out a jury verdict in Tellez v. Dole, finding it<br />
was tainted by fraud . The verdict had been reached prior<br />
to <strong>Gibson</strong> <strong>Dunn</strong>’s representation of Dole . This was the latest<br />
success since <strong>Gibson</strong> <strong>Dunn</strong> took over the defense of a series<br />
of cases against Dole alleging that its use of the pesticide<br />
DBCP in Nicaragua in the 1970s caused sterility in former<br />
farm workers . <strong>Gibson</strong> <strong>Dunn</strong> collected evidence that hundreds<br />
of Nicaraguan plaintiffs had been recruited by plaintiffs’<br />
attorneys and coached to lie about their employment and their<br />
supposed injuries . In 2009, Los Angeles Superior Court Judge<br />
Victoria Chaney dismissed two test cases, finding that there<br />
was a pervasive conspiracy to defraud both Nicaraguan and<br />
U .S . courts .<br />
12 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
defending cHevron in Lago agrio suit<br />
<strong>Gibson</strong> <strong>Dunn</strong> represents Chevron Corporation in the massive,<br />
multi-pronged Lago Agrio environmental litigation based in<br />
Ecuador . Since being retained in the fall of 2009, the Firm has<br />
scored a series of significant victories . In March, we defeated<br />
a petition by the State of Ecuador to stay an international<br />
treaty arbitration that Chevron filed to have its claims decided<br />
in a neutral forum . Seeking to uncover evidence of fraud on<br />
the part of the plaintiffs in the Ecuadorian litigation, <strong>Gibson</strong><br />
<strong>Dunn</strong> has obtained discovery in over 15 U .S . jurisdictions .<br />
These discovery victories include persuading the Second<br />
Circuit in the closely watched Berlinger case to substantially<br />
affirm a district court order requiring a filmmaker to turn over<br />
hundreds of hours of outtakes from the film “Crude” that<br />
captured the plaintiffs’ case from behind the scenes . We also<br />
convinced the Fifth Circuit to uphold Chevron’s right to obtain<br />
allegedly privileged and confidential communications between<br />
the plaintiffs’ environmental consultants and the Ecuadorian<br />
court’s damages expert . In anticipation of a fraudulent multibillion<br />
dollar judgment being entered by the Ecuadorian court,<br />
we filed a RICO suit early in 2011 in the Southern District of<br />
New York and sought and obtained a preliminary injunction<br />
barring the defendants (the Ecuadorian plaintiffs and their<br />
counsel) from seeking to enforce the over $18 billion judgment<br />
that was subsequently handed down by the Ecuadorian court .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 13<br />
Litigation Highlights
Business restructuring and reorganization<br />
Business Restructuring and Reorganization<br />
<strong>Gibson</strong> <strong>Dunn</strong>’s Business Restructuring and Reorganization practice focuses on the representation of distressed investors,<br />
lenders, bondholders, creditor committees and debtors. Our <strong>2010</strong> representations include many of the largest and<br />
most prominent bankruptcy cases, out-of-court restructurings, and distressed asset and debt transactions.<br />
In the GM bankruptcy case pending in the<br />
Southern District of New York, we are counsel<br />
to WilMington trust CoMPany as indenture<br />
trustee for approximately $23 billion in<br />
General Motors bonds and Chair of the Official<br />
Committee of Unsecured Creditors . In that capacity,<br />
we have taken a lead role in structuring<br />
the Plan of Reorganization under which bondholders<br />
will receive a meaningful stake in a reorganized<br />
GM, and our client will serve as administrator<br />
of the main liquidating trust .<br />
We represented Paulson & Co. inC. in the<br />
Chapter 11 bidding war and auction that resulted<br />
in the acquisition of the national hotel chain<br />
Extended Stay by Paulson, Centerbridge and<br />
Blackstone .<br />
<strong>Gibson</strong> <strong>Dunn</strong> advised the Almatis Group in its<br />
successful $1 billion balance sheet restructuring,<br />
which was effectuated through Chapter 11<br />
cases filed in the U .S . Bankruptcy Court for the<br />
Southern District of New York . We devised the<br />
strategy that allowed the company to keep dissenting<br />
U .S . and foreign debt holders in check<br />
while a plan of reorganization could be negotiated<br />
and confirmed .<br />
We acted as counsel to the steering committee of<br />
senior lenders of Trident Resources Corporation,<br />
a US/Canadian coal bed methane company<br />
with total debt in excess of $1 .2 billion . We advised<br />
our clients, which included anChorage<br />
aDvisors, CreDit suisse, restoration<br />
CaPital, and WhiPPoorWill assoCiates,<br />
in connection with their successful acquisition of<br />
control of Trident through a new capital investment<br />
and rights offering implemented pursuant<br />
to a Chapter 11 proceeding in Delaware and a<br />
CCAA proceeding in Calgary .<br />
We acted as counsel to the DIP lenders, including<br />
Farallon CaPital ManageMent,<br />
luxor CaPital, Canyon CaPital and<br />
WhiteBox aDvisors, in connection with the<br />
successful restructuring of GGP . Following litigation<br />
against the debtors, the company repaid<br />
the loan in cash, together with all accrued interest<br />
and a prepayment premium .<br />
We represented FleetWooD enterPrises,<br />
inC., a public company traded on the NYSE,<br />
and its 49 affiliated debtors as general insolvency<br />
counsel in Chapter 11 cases filed in the<br />
U .S . Bankruptcy Court for the Central District<br />
of California .<br />
14 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
We represent, as special reorganization<br />
counsel, six CMBS debtors in the station<br />
Casinos Chapter 11 case in Reno, NV whose<br />
joint plan of reorganization was confirmed in<br />
August <strong>2010</strong> .<br />
We represented WhiPPoorWill assoCiates<br />
in connection with the successful Chapter 11<br />
restructuring of Loehmann’s . Our client played<br />
the lead role in the DIP financing, exit financing<br />
and rights offering implemented under the plan<br />
of reorganization .<br />
We represent PriCeWaterhouseCooPers<br />
as liquidator of Lehman Brothers Finance . LBF<br />
is a member of the Lehman Brothers corporate<br />
family that is currently being liquidated under<br />
the laws of Switzerland .<br />
GRUPO MEXICO<br />
We represented BarClays CaPital inC.<br />
as financial advisor and investment banker to<br />
Asarco LLC in complex litigation regarding competing<br />
plans .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 15<br />
We represented luxor CaPital, a major debt<br />
holder of California Coastal Communities, in<br />
connection with its successful Chapter 11 reorganization<br />
and advised it on the implementation<br />
of DIP Financing, Exit Financing and the Plan<br />
of Reorganization, pursuant to which Luxor acquired<br />
a significant share of the debt and equity<br />
of the reorganized company .<br />
We represent laW DeBenture trust<br />
CoMPany oF neW yorK as Indenture Trustee<br />
for $400 million of subordinated bonds and as<br />
a member of the Creditors’ Committee in the<br />
Southern District of New York Chapter 11 bankruptcy<br />
case of AMBAC, the Wisconsin-based<br />
bond insurer .<br />
We represented tBs international, ltD.,<br />
a global maritime shipping company, in the successful<br />
out-of-court restructuring of its debt obligations<br />
and related capital infusion and rights<br />
offering .<br />
We represented aPollo CaPital<br />
ManageMent, llP as the largest holder<br />
of senior secured debt of Panavision Inc ., the<br />
world’s leading manufacturer and supplier of<br />
movie and television camera systems, in connection<br />
with the company’s successful out-ofcourt<br />
restructuring .<br />
We represented the Senior Lenders (including<br />
luxor CaPital, Mhr CaPital, WhiteBox<br />
aDvisors and uBs) of Comanche Clean<br />
Energy, a Brazilian ethanol and biodiesel manufacturer,<br />
in connection with an out-of-court restructuring<br />
of the Cayman holding company and<br />
Brazilian operating company debt .<br />
<strong>Gibson</strong> <strong>Dunn</strong> represented a supermajority of the<br />
holders of Pegasus’s outstanding unsecured<br />
notes . The successful out-of-court restructuring<br />
enabled Pegasus to de-lever its balance sheet<br />
and continue its recovery, while allowing bondholders<br />
to rationalize their holdings .<br />
Business restructuring and reorganization
transactionaL<br />
HigHLigHts
Mergers & Acquisitions<br />
<strong>Gibson</strong> <strong>Dunn</strong>’s Mergers & Acquisitions group enjoyed a banner year in <strong>2010</strong>. Our attorneys handled over $100<br />
billion of transactions and played a major role in a wide range of high-profile deals. We represented some of<br />
the largest companies in the world in their strategic acquisitions; major U.S. companies that were acquired<br />
or sold substantial assets; companies that received hostile bids; and financial advisors on several of the year’s<br />
largest transactions.<br />
acquisitions<br />
We represented heWlett-PaCKarD<br />
CoMPany in its $1 .5 billion acquisition of<br />
ArcSight, a provider of cybersecurity and<br />
compliance solutions, and its $1 .2 billion<br />
acquisition of Palm, a provider of smartphones<br />
powered by the Palm webOS mobile operating<br />
system .<br />
We represented heineKen n.v. in its headlinemaking<br />
$7 .7 billion acquisition of FEMSA<br />
Cerveza, the Mexican and Brazilian beer<br />
operations subsidiary of Fomento Economico<br />
Mexicano .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 17<br />
We represented Coty, inC. in the acquisition<br />
of OPI Products, a manufacturer and marketer<br />
of nail care and skin care products, and<br />
Philosophy, a skincare and cosmetics company .<br />
We represented Paulson & Co., inC. in the<br />
$3 .9 billion acquisition, out of bankruptcy, of<br />
Extended Stay, a hotel chain, by a group of investors<br />
including Centerbridge Partners and affiliates<br />
of The Blackstone Group .<br />
We represented st. JuDe MeDiCal, inC.<br />
in the $1 .3 billion acquisition of AGA Medical<br />
Holdings, a manufacturer of medical devices<br />
used to treat structural heart defects and vascular<br />
abnormalities .<br />
Mergers & acquisitions
Mergers & acquisitions<br />
Latin Lawyer named Heinken’s<br />
acquisition of FEMSA Cerveza its<br />
<strong>2010</strong> M&A Deal of the Year.<br />
bti consulting named Washington,<br />
D.C. partners Dan Nelson and John<br />
Olson to its <strong>2010</strong> BTI Client Service<br />
All-Stars list.<br />
PLC Which Lawyer? <strong>2010</strong> named<br />
<strong>Gibson</strong> <strong>Dunn</strong> one of the Global 50<br />
in its <strong>2010</strong> Yearbook. Individual<br />
recommendations include: London<br />
partners James Ashe-Taylor for<br />
Competition/Antitrust, Cyrus Benson<br />
for Dispute Resolution, Thomas<br />
Budd for Real Estate Finance, Alan<br />
Samson for Real Estate and Real<br />
Estate Finance; Brussels partners<br />
Peter Alexiadis for EU Competition<br />
and EU Telecommunications, David<br />
Wood for EU Competition and Media;<br />
Paris partners Bernard Grinspan for<br />
Corporate/M&A and Ariel Harroch for<br />
Corporate/M&A and Private equity/<br />
Buyouts; and Munich partner Benno<br />
Schwarz for M&A/Mid-market.<br />
saLe of assets<br />
We represented Del Monte FooDs CoMPany<br />
inC., a manufacturer of canned food products and<br />
pet food products, in its $5 .3 billion sale to an investor<br />
group led by funds affiliated with Kohlberg<br />
Kravis Roberts, Vestar Capital Partners and<br />
Centerview Partners .<br />
We represented BalDor eleCtriC CoMPany,<br />
a manufacturer of industrial electric motors, in its<br />
$4 .2 billion sale to ABB, a developer of power and<br />
automation technology .<br />
We represented CoMMsCoPe, inC., a provider of<br />
communications infrastructure products and services,<br />
in its $3 .9 billion sale to The Carlyle Group .<br />
defense of HostiLe bids<br />
We are defending tenet healthCare<br />
CorPoration in a $3 .8 billion unsolicited bid by<br />
Community Health Systems, a for-profit hospital<br />
company, to acquire Tenet Healthcare .<br />
We represented aMeriCan tire DistriButors<br />
holDings, inC., a wholesaler of tires, wheels,<br />
equipment, parts and other products to the automotive<br />
aftermarket, in its $1 .3 billion sale to TPG<br />
Capital LP, a private equity firm .<br />
We represented intel CorPoration in the<br />
$1 .3 billion sale of its minority equity interest in<br />
Numonyx, a provider of memory technologies<br />
and products, to Micron Technology, a provider of<br />
advanced semiconductor solutions .<br />
We represent the Special Committee of the Board<br />
of Directors of harBin eleCtriC, inC. in connection<br />
with a proposal to take the company private .<br />
18 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
financiaL advisor rePresentation<br />
We were counsel to golDMan saChs as financial<br />
advisor to Burger King in its $4 billion<br />
acquisition by 3G Capital; as financial advisor to<br />
Bare Essentials in its $1 .7 billion acquisition via<br />
tender offer by Shiseido, a cosmetics and skin<br />
care company; and ZymoGenetics in its $885<br />
million acquisition by Bristol-Myers .<br />
We were counsel to J.P. Morgan seCurities,<br />
inC. as financial advisor to Prudential Financial<br />
in its $4 .2 billion acquisition of AIG Star Life<br />
Insurance and AIG Edison Life Insurance from<br />
American International Group .<br />
We were counsel to CitigrouP as financial<br />
advisor to Astellas Pharma in its $4 billion<br />
acquisition of OSI Pharmaceuticals; and<br />
Citigroup Global Markets Inc . as financial advisor<br />
to Humana in its $790 million acquisition<br />
of Concentra .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 19<br />
We were counsel to BarClays CaPital inC.<br />
as financial advisor to Stryker in its $1 .5 billion<br />
acquisition of the assets of the Neurovascular<br />
division of Boston Scientific .<br />
We were counsel to lazarD FrÈres & Co.<br />
as financial advisor to Alcon, a manufacturer<br />
of eye care products, in its $13 billion acquisition<br />
by Novartis, a pharmaceutical company;<br />
Lazard Frères & Co . and Morgan Stanley as financial<br />
advisors to Continental Airlines in its $3<br />
billion merger with United Airlines; as financial<br />
advisor to the Board of Directors of Protection<br />
One, a provider of electronic security systems,<br />
in its $868 million acquisition by GTCR, a private<br />
equity firm; and as financial advisor to<br />
Griffon Corporation in the $542 million acquisition<br />
of Ames True Temper, a manufacturer<br />
of non-powered lawn and garden tools, from<br />
Castle Harlan Partners IV .<br />
We were counsel to BanK oF aMeriCa as financial<br />
advisor to NBTY, a manufacturer of nutritional<br />
supplements, in its $3 .8 billion acquisition<br />
by The Carlyle Group .<br />
We were counsel to uBs investMent BanK<br />
as financial advisor to MSCI in its $1 .5 billion<br />
acquisition of Riskmetrics Group, a provider of<br />
risk management corporate governance services;<br />
and as financial advisor to Dell in its $960<br />
million acquisition of Compellent Technologies,<br />
a provider of storage solutions for enterprise<br />
and cloud-computing environments .<br />
Mergers & acquisitions
Capital Markets<br />
Capital Markets<br />
In <strong>2010</strong>, the <strong>Gibson</strong> <strong>Dunn</strong> Capital Markets Group represented issuers and underwriters in a wide variety<br />
of equity and debt offerings, including IPOs and convertible notes. Some of these transactions were standalone<br />
financing transactions and others were conducted in connection with significant M&A or reorganization<br />
transactions. The variety of transactions reflects the breadth of <strong>Gibson</strong> <strong>Dunn</strong>’s capital markets experience for<br />
issuers in the United States and around the world.<br />
We represented heWlett-PaCKarD Co. in a<br />
$3 billion offering of floating rate global notes<br />
and a $2 billion offering of global notes .<br />
We represented golDMan saChs as underwriter<br />
in the $127 .2 million initial public offering<br />
of Financial Engines, Inc .<br />
We represented golDMan saChs as underwriter<br />
to Greenbrier Companies in a $63 million<br />
public offering of common stock .<br />
We represented toWers Watson & Co. in its<br />
$196 .8 million public offering of class A common<br />
stock .<br />
We represented KraFt FooDs in its $9 .5 billion<br />
notes offering .<br />
We represented Douglas DynaMiCs, inC. in<br />
its $112 .5 million initial public offering .<br />
We represented the WilliaMs CoMPanies,<br />
inC. in its $3 .5 billion exchange offer for debt<br />
securities .<br />
We represented WilliaMs Partners lP in<br />
its $600 million offering of senior notes .<br />
We represented WilliaMs Partners lP in<br />
its $392 million public offering of common units<br />
representing limited partner units .<br />
We represented J.P. Morgan seCurities,<br />
inC. as underwriter in Vale Overseas Limited’s<br />
$1 .75 billion offering of guaranteed notes .<br />
20 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
We represented air lease CorPoration in a<br />
$1 .3 billion offering of common stock as part of<br />
an effort to raise capital for a new aircraft leasing<br />
company .<br />
Wells Fargo<br />
We represented Wells Fargo & Co. as underwriter<br />
in a $1 .25 billion offering of medium-term<br />
notes by Wells Fargo & Co .<br />
We represented Wells Fargo seCurities, llC<br />
as underwriter in the $300 million offering of notes<br />
by AMB Property, L .P .<br />
We represented vallar PlC in a $1 .07 billion initial<br />
public offering on the London Stock Exchange .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 21<br />
We represented santanDer gloBal BanKing<br />
& MarKets as underwriter for Vale S .A .’s<br />
$1 .01 billion offering of notes .<br />
We represented BarClays CaPital as underwriter<br />
in a $860 million public offering of common<br />
stock by MGM Resorts International .<br />
We represented DeutsChe BanK seCurities<br />
inC. as underwriter in an $849 million offering of<br />
warrants of Wells Fargo & Company owned by the<br />
U .S . Treasury .<br />
We represented Celanese CorPoration in its<br />
$600 million offering of senior notes .<br />
Best Lawyers named Jon Layne as its<br />
2011 Los Angeles Securities Lawyer<br />
of the Year.<br />
The 2011 edition of iFLR1000, a<br />
guide to the world’s leading financial<br />
law firms, recognized <strong>Gibson</strong> <strong>Dunn</strong><br />
as a recommended firm in six U.S.<br />
categories: Capital Markets — Debt<br />
and Equity, Capital Markets — High<br />
Yield Debt, Mergers and Acquisitions,<br />
Private Equity — Fund Formation,<br />
Private Equity — Transactions, and<br />
Restructuring and Insolvency. Eleven<br />
partners were recognized as leading<br />
lawyers: Steven Finley, Kevin Kelley,<br />
and Stewart McDowell in Capital<br />
Markets; Barbara Becker, Ruth Fisher,<br />
Stephan Haimo, Jonathan Layne<br />
and Richard Russo in Mergers and<br />
Acquisitions; and Jennifer Bellah<br />
Maguire, Edward Nelson and<br />
Edward Sopher in Private Equity.<br />
<strong>Gibson</strong> <strong>Dunn</strong> also was recommended<br />
in three Western Europe categories:<br />
Belgium — EU Competition,<br />
Germany — Mergers and Acquisitions<br />
and UK — Bank Lending.<br />
Capital Markets
Capital Markets<br />
We represented xilinx, inC. in its $600 million<br />
offering of convertible senior notes .<br />
We represented tyCo international ltD.<br />
in its $500 million offering of notes .<br />
We represented Morgan stanley as underwriters<br />
in a $499 .7 million common stock offering<br />
by AMB Property Corporation .<br />
We represented transatlantiC holDings,<br />
inC. in its $452 million offering of common<br />
stock .<br />
telemovil Finance Co. ltd.<br />
We represented teleMovil FinanCe Co.<br />
ltD. in its $450 million offering of subordinated<br />
debentures .<br />
We represented CaDenCe Design systeMs,<br />
inC. in its $350 million offering of cash convertible<br />
senior notes .<br />
We represented alliant teChsysteMs in<br />
its $350 million offering of senior subordinated<br />
notes .<br />
We represented rBC CaPital MarKets<br />
CorP. as underwriter to the $300 million offering<br />
of convertible extendible unsecured subordinated<br />
debentures by Just Energy Income<br />
Fund .<br />
We represented stanDarD PaCiFiC CorP. in<br />
its $300 million offering of senior notes .<br />
We represented zayo grouP, inC. in its $250<br />
million offering of senior secured first-priority<br />
notes .<br />
We represented anCestry.CoM in its $99 million<br />
public offering of common stock .<br />
22 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
Global Finance<br />
The Global Finance Group handled a wide range of credit facilities, debt offerings, restructuring and other<br />
financing transactions last year. Here are some of the major credit facility matters:<br />
We advised Charter CoMMuniCations on<br />
its $4 .4 billion term loan and revolving credit<br />
facility .<br />
We advised evraz grouP s.a. on the $3 .2<br />
billion refinancing of its pre-export financing<br />
loan facility .<br />
We advised the WilliaMs CoMPanies, inC.<br />
on a $1 .75 billion senior unsecured revolving<br />
credit facility .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 23<br />
We advised Del Monte FooDs Co. inC. on<br />
its $1 .1 billion revolving credit facility and term<br />
loan .<br />
We advised alliant teChsysteMs on its<br />
$1 billion senior secured credit facility .<br />
We represented JaCK in the Box inC. in a<br />
$600 million revolving credit facility and term<br />
loan .<br />
We represented aeCoM teChnology CorP.<br />
in a $600 million credit agreement .<br />
We represented golDMan saChs CreDit<br />
Partners in a $455 million senior secured<br />
credit facility .<br />
Fowler ridge Wind Farm, llC<br />
We represented FoWler riDge WinD FarM,<br />
llC in a $348 .2 million senior secured credit<br />
facility to finance Phase II of Fowler Ridge Wind<br />
Farm .<br />
We represented uBs investMent BanK in<br />
a $215 .0 million senior secured financing of<br />
the acquisition by Veritas Capital of certain U .S .<br />
and foreign assets of PerkinElmer .<br />
In addition, the Global Finance Group and the Capital Markets Group jointly handled the debt offerings listed<br />
on the foregoing pages.<br />
global Finance
Film<br />
the Hollywood Reporter named<br />
partners Scott Edelman, Ruth Fisher,<br />
Orin Snyder and Larry Ulman to<br />
its <strong>2010</strong> list of Power Lawyers:<br />
The 100 Most Influential Lawyers<br />
in Entertainment.<br />
Film<br />
acquisitions<br />
We represented PlayDoM inC. in its $563 million<br />
sale to Disney .<br />
We represented shaMroCK CaPital aDvisors,<br />
inC. in its acquisition of Screenvision Cinema<br />
Network LLC .<br />
We represented saBan CaPital grouP inC. in<br />
its acquisition of Paul Frank Industries, Inc .<br />
fiLm finance<br />
We represented ParaMount PiCtures in a<br />
$275 million investment and distribution deal with<br />
Skydance Productions . The first film in the slate<br />
was “True Grit .”<br />
We represented Fox FilMeD entertainMent in<br />
a two-year multimillion dollar extension of the Dune<br />
Capital Management film-slate investment deal,<br />
which was a result of the investors’ success in investing<br />
in the film “Avatar .”<br />
We represented Mat, a German investment fund<br />
affiliated with KGAL, in litigation and a bankruptcy<br />
proceeding involving RHI Entertainment, the bankrupt,<br />
and Hallmark Cards . Our client had produced<br />
36 films to be distributed by RHI .<br />
24 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
Real Estate Transactions<br />
Representation of alexanDria real estate<br />
equities in leasing the first tower of the<br />
Alexandria Center for Life Science — New<br />
York, an innovative life science research facility<br />
in Manhattan, to tenants, including Pfizer, New<br />
York University and Kadmon Pharmaceutical,<br />
as well as Tom Colicchio’s acclaimed Riverpark<br />
restaurant .<br />
Alexandria Center for Life Science<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 25<br />
Representation of DeutsChe BanK in acquiring<br />
a defaulted $250 million mortgage loan secured<br />
by a high-profile development site opposite<br />
the Time Warner Center, then creating and<br />
selling a participation agreement in the loan<br />
to The Related Companies and documenting<br />
mortgage financing for potential redevelopment<br />
of the site .<br />
Representation of Paulson & Co. inC. in the<br />
$3 .925 billion acquisition, out of bankruptcy,<br />
of Extended Stay, a hotel chain, by a group<br />
of investors that also included Centerbridge<br />
Partners and affiliates of The Blackstone Group .<br />
Representation of FelCor, a national hotel<br />
REIT, in connection with their acquisition of the<br />
Fairmont Copley Plaza Hotel, in negotiating a<br />
long-term management agreement with Fairmont<br />
Hotels for this landmark Boston property .<br />
Representation of WCl grouP, a British private<br />
schools’ group, in the development of for-profit<br />
elementary and secondary schools, including<br />
the establishment of their first school in New<br />
York City .<br />
Representation of virgin grouP, in the creation<br />
of a new hotel chain that plans to acquire<br />
over 25 hotels in the United States over the next<br />
seven years .<br />
Representation of sol Melia, s.a., a Spanish<br />
operator of global hotel brands, in the sale and<br />
leaseback of their Tryp brand, with over 14,000<br />
rooms, to Wyndham hotels .<br />
real estate transactions
eal estate transactions<br />
Fairmont Copley Plaza Hotel<br />
Representation of JDM Partners in the purchase<br />
from Citibank of a defaulted mortgage<br />
loan on the Wigwam Hotel and the Biltmore<br />
golf courses in Phoenix and the acquisition of<br />
title to the assets through a bankruptcy auction<br />
process .<br />
Representation of roCKPoint grouP:<br />
In connection with the acquisition and complete<br />
renovation of the shuttered, legendary 1,300<br />
room Milford Plaza Hotel on Eighth Avenue in<br />
Manhattan .<br />
In the acquisition of a joint-control equity interest<br />
in Manhattan’s Park avenue Plaza, with the remaining<br />
interest owned by the Fisher Brothers .<br />
In the recapitalization of the debt, common equity<br />
and preferred equity of one of the largest<br />
multi-family projects in the United States .<br />
Representation of neWlanD international<br />
ProPerties CorP., a Panamanian real estate<br />
development company developing the Trump<br />
Ocean Club International Hotel & Tower in<br />
Panama City, Panama . Financing for the Trump<br />
Ocean Club was obtained through the issuance<br />
of $220 million of 9 .5 percent Senior Secured<br />
Notes .<br />
Representation of investCorP in the capital<br />
restructuring for the W South Beach (Florida),<br />
an ocean-front hotel with 334 rooms and bungalows<br />
with retail stores and restaurants .<br />
Park Avenue Plaza<br />
26 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
gLobaL
europe<br />
The <strong>2010</strong> edition of UK Legal 500<br />
recommended our London office in a<br />
variety of specialist areas, including:<br />
Mergers and Acquisitions, Flotations:<br />
Small and Mid-cap, Private Equity,<br />
Commercial Property, Commercial<br />
Property: Hotels, Property Finance,<br />
Commercial Litigation, Corporate<br />
Restructuring and Insolvency,<br />
International Arbitration<br />
and Employment.<br />
Chambers UK 2011 awarded <strong>Gibson</strong><br />
<strong>Dunn</strong> 11 rankings: Cyrus Benson in<br />
Dispute Resolution: International<br />
Arbitration: London; Tom Budd in<br />
Real Estate Finance: London; Gregory<br />
Campbell in Restructuring/Insolvency:<br />
London; James Cox in Employment:<br />
Employer — London & UK-wide;<br />
Kenneth Lamb in Private Equity:<br />
Buyouts — UK-wide; and Alan Samson<br />
in Real Estate: London, Real Estate<br />
Finance: London, and Real Estate:<br />
Hotels & Leisure: London.<br />
The <strong>2010</strong> edition of Legal 500 eMeA<br />
ranks the Munich office for M&A:<br />
Mid-sized deals in Germany, the<br />
Brussels office for Competition,<br />
and the Paris office for Mergers &<br />
Acquisitions, Insolvency, Private<br />
Equity, Administrative & Public<br />
Law and Tax.<br />
Europe<br />
In <strong>2010</strong>, our Brussels, Munich, London, and Paris offices advised clients<br />
in a wide variety of areas, including antitrust, capital markets, compliance,<br />
employment, financing, mergers and acquisitions, real estate and restructuring.<br />
Our UK Dispute Resolution Group focused on resolving complex matters<br />
by developing effective commercial solutions, and, if the circumstances<br />
demanded it, through commercial litigation, international arbitration<br />
or mediation.<br />
We represented intel CorPoration in the<br />
$1 .27 billion sale of its minority interest in Numonyx,<br />
a provider of memory technologies and products, to<br />
Micron Technology .<br />
We represented the inDian FilM CoMPany<br />
liMiteD in the recommended £63 .5 million offer<br />
by Roptonal Ltd, a 50-50 joint venture between<br />
Viacom and Network 18 .<br />
We represented PaCe PlC in its $475 million acquisition<br />
of 2Wire, Inc ., a provider of advanced<br />
residential gateways and associated software and<br />
services .<br />
We represented ses in its $1 .2 billion equity<br />
financing for 03b Networks .<br />
We acted as counsel to vallar PlC in its $1 .07<br />
billion initial public offering on the London Stock<br />
Exchange .<br />
We represented evraz grouP s.a. in the $3 .214<br />
billion refinancing of its PXF structured facility .<br />
28 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
We were counsel to houlihan loKey as financial<br />
advisor to the Board of Directors of Invitel<br />
Holdings, a telecommunications and internet<br />
service provider, in its tender offer acquisition<br />
by Mid Europa Partners, a private equity firm .<br />
We represented area ProPerty Partners<br />
in a joint venture with Heron International to develop<br />
and finance a 38-story mixed-use development<br />
in the City of London .<br />
We represented telePo aB in securing a<br />
€12 .6 million Series B investment from Investor<br />
Growth Capital and existing investor Accel<br />
Partners .<br />
We represented M8 CaPital FunD i l.P. in<br />
its $4 .2 million A-round investment in SCHAD<br />
GmbH .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 29<br />
We represented exPro international<br />
grouP ltD. in its $120 million acquisition of<br />
the Production Testers International business,<br />
a leading well services business providing fast<br />
track production systems to the upstream oil<br />
and gas industry, based in Asia .<br />
We represented aPax in the sale, alongside<br />
Altamir Amboise, of their stake in the biotechnology<br />
company Galapagos .<br />
We represented BCBg Max azria in its acquisition<br />
of Karstadt AG, a German department<br />
store chain, with strategic partner Berggruen<br />
Holdings .<br />
We represented elliott aDvisors uK<br />
liMiteD in its $1 .1 billion sale of its interest<br />
in Autoroutes Paris-Rhin-Rhome (APRR) to<br />
Eiffarie, a provider of construction and concession<br />
services .<br />
We represented itron in its acquisition of AsaÏs .<br />
We represented KuWait investMent<br />
authority in its €600 million subscription<br />
to the €900 million capital increase of Areva .<br />
The remaining amount was subscribed by the<br />
French State .<br />
We represented vivenDi in its €45 million acquisition<br />
of Digitick SA, a developer of ticketing<br />
internet software for event organizers .<br />
We represented yeMen airlines in the $700<br />
million acquisition of 10 Airbus A320 aircraft<br />
from Airbus .<br />
We represented CoMMsCoPe, inC., a provider<br />
of communications infrastructure products and<br />
service, as antitrust counsel in its $3 .9 billion<br />
acquisition by The Carlyle Group .<br />
europe
europe<br />
Chambers europe <strong>2010</strong> awarded<br />
<strong>Gibson</strong> <strong>Dunn</strong> 12 rankings, seven<br />
individual rankings and five practice<br />
group rankings. The Firm was<br />
recommended for Competition/<br />
European Law and TMT in Belgium,<br />
Corporate/M&A and Tax in France, and<br />
Corporate/M&A: Highly Regarded in<br />
Germany. The recommended partners<br />
are Peter Alexiadis, Nicolas Baverez,<br />
Benoit Fleury, Ariel Harroch and<br />
David Wood.<br />
the Belgian Legal Awards has<br />
nominated the Brussels team for<br />
TMT Law Firm of the Year from<br />
2006 to 2011.<br />
The German publication JUVe<br />
recognized the Munich office in the<br />
<strong>2010</strong>/2011 edition of its annual<br />
Handbook in the South/Munich<br />
region, M&A, Corporate and<br />
Antitrust categories.<br />
We represented alMatis grouP in its $1 billion<br />
Chapter 11 restructuring .<br />
We represented roCKPoint grouP llC in its<br />
$51 .5 million joint venture with Westmont Hospitality<br />
to acquire and finance the Renaissance Le Parc<br />
Trocadero Hotel, Paris .<br />
We represented MeaDoW Partners in its acquisition<br />
of a UK office building (leased to Sun Life)<br />
with financing from Nationwide .<br />
We represented DeveloPMent seCurities PlC<br />
in a £62 .2 million joint venture with Patron Capital<br />
to acquire and finance the Manchester Evening<br />
News Arena .<br />
We represented lehMan Brothers holDing,<br />
inC. in a joint venture with Resolution Property to<br />
acquire a senior loan secured by a first charge on<br />
the Queensbridge House .<br />
We were antitrust counsel to energizer<br />
holDing, inC. in obtaining approval from the<br />
German Federal Cartel Office for the acquisition of<br />
American Safety Razor .<br />
We represented ChungWa PiCture tuBes,<br />
ltD. before the European Commission and national<br />
competition authorities in relation to the cartel investigations<br />
in the TV and LCD sectors .<br />
We represented MiCrosoFt in relation to online<br />
competition issues .<br />
30 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
Middle East<br />
The Dubai office serves our many clients in the Middle East, as well as U.S., European, Asian and other<br />
companies doing business in the Gulf. In <strong>2010</strong>, we advised sovereign wealth funds, local companies, and<br />
commercial and investment banks.<br />
RECREATED LOGO<br />
We advised orBit shoWtiMe netWorK on<br />
strategic matters .<br />
We advised investCorP on capital-raising initiatives<br />
and its private equity investment activities<br />
.<br />
We represent gulF CaPital in the acquisition<br />
of a majority interest in TechnoScan and<br />
Consultant Radiology Centres, the Middle East’s<br />
largest chain of diagnostic imaging centers .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 31<br />
We represent invest aD in connection with its<br />
MENA Buyout Fund II .<br />
We are advising aBu DhaBi retireMent<br />
Pensions anD BeneFits FunD in connection<br />
with its global investment program .<br />
We are advising Waha CaPital in connection<br />
with global fund-raising initiatives .<br />
We are advising MuMtalaKat, the Bahrain<br />
sovereign wealth fund, in connection with its<br />
strategic assets .<br />
We advised eastgate on its portfolio restructuring<br />
and fundraising initiatives .<br />
We are advising Metito, the region’s largest<br />
water and wastewater treatment company, in<br />
connection with its fundraising activities and<br />
acquisitions .<br />
Middle east
Middle east<br />
Chambers Global <strong>2010</strong> recommends<br />
<strong>Gibson</strong> <strong>Dunn</strong>’s Middle East practice<br />
in the fields of Corporate/Commercial<br />
and Investment Funds and our<br />
UAE practice in the field of<br />
Corporate/Commercial.<br />
Legal 500 eMeA <strong>2010</strong> ranks our<br />
Dubai office as a leading player<br />
in the field of Corporate/M&A and<br />
Investment Funds.<br />
We represented the Carlyle grouP in the leveraged<br />
acquisition of a 30 percent stake in Saudi<br />
company General Lighting Company .<br />
Bank<br />
We are advising aDDax BanK in connection with<br />
its portfolio investments .<br />
We represented KuWait investMent<br />
authority on its global investments, including<br />
its role as a cornerstone investor in the AIA and<br />
AgBank public offerings in Hong Kong .<br />
We are advising arCaPita in connection with global<br />
fundraising initiatives .<br />
We are advising MarKaz in connection with fund<br />
raising initiatives and global investments .<br />
We advised the FaMily oFFiCe on the establishment<br />
of a real estate investment program .<br />
We advised oasis CaPital BanK with respect to<br />
the structuring of their investment in Capital Spring .<br />
32 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
Asia<br />
Marking a major expansion of its presence in the Asia market, <strong>Gibson</strong> <strong>Dunn</strong> opened its Hong Kong office on<br />
August 1. Joining the Singapore office, which opened in 2008, the Hong Kong office focuses on corporate<br />
transactions and corporate compliance, regulation and investigations. Together, the two offices have the<br />
capacity to handle the most challenging and substantial transactions in Asia, including cross-border Mergers<br />
& Acquisitions, Energy & Infrastructure finance, real estate, private equity, capital markets transactions, and<br />
finance and restructurings.<br />
Bio*one CaPital Pte ltD<br />
We advised Bio*one CaPital Pte ltD in its<br />
Series D investment into TriReme Medical, a<br />
developer and manufacturer of medical devices<br />
for the treatment of coronary and peripheral arterial<br />
disease .<br />
We (with our Munich office) advised eDB<br />
investMents Pte ltD in its investment in<br />
Triton Water, the leading provider of complete<br />
water-cycle industrial and maritime water<br />
treatment solutions . The investment will support<br />
Triton’s strategy to establish a presence in<br />
Southeast Asia .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 33<br />
We advised Expro Group on its $120 million<br />
acquisition of Asia-based Production Testers<br />
International, a leading well services business .<br />
We advised lehMan Brothers<br />
CoMMerCial CorP. asia liMiteD (in liquidation)<br />
in restructurings and workouts of financings<br />
for dozens of projects in Thailand .<br />
We represented sPiCe gloBal holDings in<br />
the formation of Spice i2i (formerly MediaRing<br />
Ltd .), a joint venture with Dato Eric Chuah, and<br />
the acquisition of certain assets of the CSL<br />
group of companies .<br />
We counseled the Brunei eConoMiC<br />
DeveloPMent BoarD in connection with<br />
the award of the contract for the construction<br />
of 4,000 houses to be built in 48 months under<br />
Brunei’s National Housing Scheme .<br />
We represented vitol in connection with a<br />
joint venture with MISC Berhad, a subsidiary of<br />
Petronas, the Malaysian national oil company,<br />
to manage the construction, commissioning<br />
and operation of an initial phase oil blending<br />
terminal .<br />
asia
asia<br />
Chambers Asia Pacific 2011 ranks<br />
the Singapore office in the top-tier<br />
in the category of Brunei — General<br />
Business Law: Overseas Counsel and<br />
recommends us in the following fields:<br />
Capital Markets, Corporate/M&A,<br />
and Projects & Energy. Emad Khalil<br />
is recognized as a leading lawyer<br />
in Singapore — Capital Markets<br />
and Projects & Energy. Jai Pathak<br />
is recognized as a leading lawyer in<br />
India and Singapore for Corporate/<br />
M&A. Saptak Santra is recognized as<br />
a leading lawyer Corporate/M&A.<br />
The Legal 500 Asia Pacific <strong>2010</strong>/2011<br />
ranks our Singapore office in Projects<br />
and Energy, Banking and Finance,<br />
Capital Markets: Foreign Firms,<br />
Corporate and M&A and Restructuring<br />
and Insolvency. Emad Khalil was<br />
named a Leading Individual in the<br />
Singapore: Projects and Energy: Local<br />
Firms category.<br />
34 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
neW<br />
Partners
New Partners<br />
Promoted Partners<br />
JESSE CRIPPS DAvID DEBOLD<br />
HOWARD HOGAN JASON LO AUSTIN SCHWING<br />
ROBYN ZOLMAN<br />
Jesse criPPs — Los angeLes<br />
Jesse Cripps practices in the areas of labor and<br />
employment and general commercial litigation .<br />
His successes include defeating collective action<br />
certification of a nationwide class under the Fair<br />
Labor Standards Act and securing the dismissal of<br />
state law class action claims without any discovery<br />
having taken place . In addition to his employment<br />
practice, Mr . Cripps has represented clients<br />
in a variety of commercial disputes . Mr . Cripps is<br />
a member of the Firm’s Hiring Committee .<br />
david deboLd — WasHington, d.c.<br />
David Debold has represented individuals and<br />
businesses in a wide variety of matters, including<br />
major SEC enforcement actions and investigations,<br />
Foreign Corrupt Practices Act allegations,<br />
internal investigations and federal criminal investigations<br />
and prosecutions . Prior to joining the<br />
Firm, Mr . Debold served as an Assistant United<br />
States Attorney in Detroit, where he was as a<br />
member of the office’s Criminal Trial and Appellate<br />
Divisions . He also acted as Special Counsel to the<br />
Sentencing Commission . Mr . Debold served as<br />
a law clerk to Judge Cornelia G . Kennedy of the<br />
U .S . Court of Appeals for the Sixth Circuit .<br />
HoWard Hogan — WasHington, d.c.<br />
Howard Hogan’s practice focuses on intellectual<br />
property litigation and counseling, including<br />
trademark, copyright, patent, false advertising,<br />
right of publicity, licensing, and trade secret<br />
matters . He has represented various corporations<br />
and individuals in a broad range of industries, and<br />
a significant portion of his practice involves computer,<br />
Internet, and new media-related issues .<br />
Mr . Hogan served as law clerk to Judge Naomi<br />
Reice Buchwald of the U .S . District Court for the<br />
Southern District of New York .<br />
Jason Lo — Los angeLes<br />
Jason Lo practices intellectual property law with<br />
a focus on patent and trade secrets litigation . He<br />
has successfully represented leading companies<br />
in various industries, including the video game,<br />
semiconductor, military defense, and pharmaceutical<br />
industries . He has litigated high-stakes<br />
patent infringement cases in courts throughout<br />
the United States, as well as the U .S . International<br />
Trade Commission . Mr . Lo served as a law clerk<br />
to Judge Mariana R . Pfaelzer of the U .S . District<br />
Court for the Central District of California .<br />
austin scHWing — san francisco<br />
Austin Schwing has substantial experience<br />
with complex commercial litigation, including<br />
consumer and antitrust litigation . His litigation<br />
and counseling experience includes work for<br />
companies in the retail, professional service,<br />
manufacturing, energy, health care, hightechnology,<br />
and defense industries . Mr . Schwing<br />
is a member of <strong>Gibson</strong> <strong>Dunn</strong>’s National Pro Bono<br />
Committee . He coordinates pro bono work in<br />
the San Francisco office and serves as a liaison<br />
between the Firm and nonprofit organizations .<br />
robyn zoLman — denver<br />
Robyn Zolman’s practice is concentrated<br />
in securities regulation and capital markets<br />
transactions . She represents clients in connection<br />
with public and private offerings of equity and<br />
debt securities, including investment grade,<br />
high yield and convertible debt offerings . She<br />
also represents clients in connection with tender<br />
offers, exchange offers, consent solicitations and<br />
corporate restructurings .<br />
36 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
Lateral Partners<br />
KELLY AUSTIN ANDRéS FONT GALARZA JAMES HO<br />
STEPHEN NORDAHL JEFFERY ROBERTS<br />
keLLy austin — Hong kong<br />
Kelly Austin’s practice focuses on government<br />
investigations, regulatory compliance and international<br />
disputes . She has extensive expertise in<br />
corporate internal investigations, including those<br />
involving the Foreign Corrupt Practices Act, and in<br />
creating effective compliance programs . Prior to joining<br />
the Firm, Ms . Austin served as the Compliance<br />
and Litigation Counsel for General Electric in Asia .<br />
Before moving to Hong Kong, she served as Special<br />
Counsel to the Executive Office of the President .<br />
She also clerked for Judge Boyce F . Martin Jr . of the<br />
U . S . Court of Appeals for the Sixth Circuit .<br />
andrés font gaLarza — brusseLs<br />
Andrés Font Galarza’s practice encompasses antitrust<br />
issues relating to mergers, joint ventures,<br />
distribution issues, IP, the abuse of dominance<br />
and cartels . In addition, he provides strategic and<br />
policy advice to clients in regulatory matters affecting<br />
sectors such as the Internet, consumer goods<br />
brands, pharmaceuticals, health and food, energy<br />
and the EU internal market freedoms . Prior to<br />
joining the Firm, Mr . Font Galarza spent 15 years<br />
as a senior official of the European Commission .<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 37<br />
James Ho — daLLas<br />
James Ho rejoined the Firm after serving for<br />
the past three years as the Solicitor General of<br />
Texas . He will continue to focus on complex<br />
appellate, constitutional and business litigation .<br />
Ho has served in all three branches of the federal<br />
government . He served on the Senate Judiciary<br />
Committee as chief counsel to Senator John<br />
Cornyn of Texas; the Justice Department in<br />
both the Civil Rights Division and the Office of<br />
Legal Counsel; and clerked for Justice Clarence<br />
Thomas of the U .S . Supreme Court and Judge<br />
Jerry E . Smith of the U .S . Court of Appeals for<br />
the Fifth Circuit .<br />
stePHen nordaHL — neW york<br />
Steve Nordahl, a member of the Outsourcing<br />
Transactions Practice, focuses on information<br />
technology, business process and asset management<br />
outsourcing transactions, and commercial<br />
and other technology-related transactions, as<br />
well as joint ventures and strategic alliances, in<br />
each case, with a particular focus on complex<br />
international transactions .<br />
Jeffery roberts — London<br />
Jeffery Roberts has a broad corporate<br />
transactional practice that includes public and<br />
private M&A, private equity and equity capital<br />
markets and joint venture transactions both in<br />
the UK and across borders . He has significant<br />
experience representing multinational companies<br />
and financial sponsors . Prior to joining the<br />
Firm, Mr . Roberts was a partner at Freshfields<br />
Bruckhaus Deringer, where he managed the<br />
Moscow office from 1996 to 1999 .<br />
New Partners
diversity<br />
Pro bono
Diversity<br />
We will deliver the highest-quality legal services by fostering a culturally fluent, inclusive and open environment<br />
that welcomes individuals from diverse backgrounds and with different perspectives to achieve <strong>Gibson</strong> <strong>Dunn</strong>’s<br />
core values of excellence, fairness and individuality.<br />
— <strong>Gibson</strong> <strong>Dunn</strong> Diversity Vision Statement<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 39<br />
This year we reaffirmed our commitment to diversity by implementing a new action plan . We restructured our<br />
committee structures, instituted a dedicated diversity budget, updated our policy on flex-time and through<br />
the Professional Development Department, educated our U .S . offices during a national Flex-Time Roadshow .<br />
With a new plan in hand, we now have clear goals . They include developing initiatives to increase the retention<br />
and promotion of diverse attorneys, pursuing strategic collaborations with clients and organizations, and<br />
increasing the involvement of the entire <strong>Gibson</strong> <strong>Dunn</strong> community in the Firm’s diversity efforts .<br />
We also welcomed our new Chief Diversity Officer, Zakiyyah Salim-Williams . Zakiyyah was most recently<br />
Director of Diversity with the Association of the Bar of the City of New York’s Office for Diversity, where<br />
she developed diversity programming and counseled attorneys on career development . She received the<br />
Diversity Champion Award from the City Bar in 2007 . We also hired Vicenta Arrizon Maffris as the Diversity &<br />
Professional Development Coordinator to ensure coordination between the two departments .<br />
BarBara l. BeCKer<br />
Chair, Firm-wide Diversity Committee<br />
Diversity
Pro Bono<br />
Pro Bono<br />
<strong>Gibson</strong> <strong>Dunn</strong> continued its long tradition of service<br />
to the community this year by providing muchneeded<br />
pro bono legal services on a wide variety<br />
of matters . Our pro bono commitment increased<br />
across the board: not only did our total number of<br />
hours increase over 9 percent from last year, the<br />
number of hours per attorney and the number of<br />
attorneys performing more than 120 hours of pro<br />
bono work also increased .<br />
Each year, we honor the pro bono work of our attorneys<br />
and staff by giving the Frank Wheat Award<br />
to one team and one individual . We also recognize<br />
the extraordinary efforts of the nominees . The<br />
Frank Wheat Memorial Award is given to the lawyer<br />
or group of lawyers who have demonstrated leadership<br />
and initiative in their pro bono work, obtained<br />
significant results for their clients, and served as an<br />
inspiration to others .<br />
This year the Firm is pleased to give the team<br />
award to the Los Angeles attorneys who served as<br />
pro bono counsel to the Tejon Ranch Conservancy,<br />
one of the most valuable conservation properties in<br />
California, in its purchase of perpetual easements<br />
across 62,000 acres of wildlife habitat . Our individual<br />
winner is Katie Marquart in the Los Angeles<br />
office, who successfully sued to restore state funding<br />
for therapy for autistic children .<br />
This year’s nominees for the team award provided<br />
diverse and successful representation . Denver attorneys<br />
obtained the cancellation of a “steer-tailing”<br />
event after a previous one ended with the death of<br />
two animals . New York attorneys filed a civil rights<br />
action in Connecticut on behalf of immigrant day<br />
laborers who were subjected to improper profiling<br />
tactics . Palo Alto attorneys successfully represented<br />
a resident alien who had originally been ordered<br />
removed by the immigration courts to El Salvador,<br />
bringing three years of imprisonment to an end .<br />
Individual nominee Quincy Lu of the Palo Alto office<br />
helped a young man obtain guardianship over<br />
his teenage brother and also worked on an asylum<br />
case for a man who fled ethnic violence in the<br />
Democratic Republic of Congo . Akiva Shapiro of<br />
the New York office worked on a number of significant<br />
pro bono cases involving such issues as<br />
the right to effective assistance of counsel, religious<br />
freedoms, immigration rights and voter rights .<br />
Recipients of the Frank Wheat Award receive a<br />
$2,500 prize, which will be donated to a pro bono<br />
40 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
organization or organizations designated by the recipients<br />
. The award honors Frank Wheat, who founded the<br />
Alliance for Children’s Rights, was a founder and trustee<br />
of the Earthjustice Legal Defense Fund, was a leader of<br />
the Sierra Club, and a board member of the Center for<br />
Law in the Public Interest, which established a fellowship<br />
in his name to train young lawyers in public interest<br />
litigation .<br />
We are proud of our pro bono achievements in <strong>2010</strong> and<br />
anticipate the same level of dedication in serving the underserved<br />
in the coming year .<br />
sCott eDelMan<br />
national Pro Bono Chair<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 41<br />
the national Legal aid & defender<br />
association awarded its Beacon of<br />
Justice Award to <strong>Gibson</strong> <strong>Dunn</strong> for<br />
extraordinary commitment to pro bono<br />
legal representation in the area of<br />
immigration law.<br />
Public counsel’s children’s rights<br />
Project named John Sharer and Katie<br />
Marquart the <strong>2010</strong> volunteers of the<br />
Year for their work on restoring state<br />
funding to children with autism.<br />
sanctuary for families honored New<br />
York associates Tyler Amass, Kristen<br />
Hendricks, and Kristen Mathews<br />
with its Award for Excellence in Pro<br />
Bono Advocacy for their legal work on<br />
behalf of Sanctuary clients.<br />
Number of pro bono<br />
hours by lawyers in our<br />
U .S . offices:<br />
123,296<br />
Number of pro bono<br />
hours per attorney:<br />
132<br />
Number of U .S . attorneys<br />
who performed more<br />
than 20 hours of<br />
pro bono work:<br />
665<br />
Pro Bono
Frank Wheat awards<br />
Frank Wheat Awards<br />
TOM MCHENRY EDUARDO CARvAJAL DOUG CHAMPION SARAH GARBER<br />
JANNA BOELKE<br />
MIKE SZCZUREK CLAIRE vIGIL<br />
team Winner<br />
teJon rancH conservancy<br />
<strong>Gibson</strong> <strong>Dunn</strong> serves as pro bono counsel to the Tejon Ranch<br />
Conservancy . The Conservancy is charged with managing the conservation<br />
values on one of the largest and most valuable conservation<br />
properties in California . Tejon Ranch conservation has great significance<br />
due to the intersection of four ecological regions and the wildlife<br />
linkage functions the Ranch provides . The Conservancy’s mission is to<br />
preserve, enhance and restore the native biodiversity and ecosystem<br />
values of the Tejon Ranch and the Tehachapi Range for the benefit<br />
of California’s future generations . Among many notable features, the<br />
Tejon Ranch includes habitat for the endangered California condor .<br />
The Conservancy was created as part of the Tejon Ranch Conservation<br />
and Land Use Agreement (the “Ranchwide Agreement”), which was<br />
signed in 2008 by the Tejon Ranch Company, Audubon California,<br />
Endangered Habitats League, Natural Resources Defense Council,<br />
Planning and Conservation League and Sierra Club . The Conservancy<br />
is a qualified 501(c)(3) organization overseen by an independent<br />
Board of Directors that includes leaders from the environmental community,<br />
the Tejon Ranch Company and their development partners,<br />
academia, business and government . Pursuant to the Ranchwide<br />
Agreement, environmental groups obtained a binding commitment<br />
from the Tejon Ranch Company to protect up to 240,000 acres of<br />
the Tejon Ranch in advance of the Tejon Ranch Company’s proposed<br />
development projects in the years ahead . The Ranchwide Agreement<br />
created the Conservancy to be an effective steward of the conserved<br />
lands . The Ranchwide Agreement balances sustainable development<br />
on the Tejon Ranch with the preservation of the land’s conservation<br />
values and will, it is hoped, serve as a nationwide model for cooperative<br />
conservation and land use planning .<br />
<strong>Gibson</strong> <strong>Dunn</strong> reached a milestone in its representation of the<br />
Conservancy when, after months of extensive work, the California<br />
Wildlife Conservation Board on November 18, <strong>2010</strong>, approved $15 .8<br />
million in state funding for the Conservancy’s purchase of perpetual<br />
conservation easements across 62,000 acres of significant wildlife<br />
habitat on the Tejon Ranch . The acquisition closed on February 28,<br />
2011, and the Conservancy now holds some of the largest conservation<br />
easements in California .<br />
42 | GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW
individuaL Winner<br />
katie marquart, Los angeLes<br />
GIBSON, DUNN & CRUTCHER <strong>LLP</strong> <strong>2010</strong> ANNUAL REVIEW | 43<br />
Katie obtained a preliminary injunction on behalf of a group of autistic children to restore funding for their treatment<br />
after it was terminated during California’s economic crisis . Children in California diagnosed with autism<br />
are eligible to receive state-funded services from regional centers under the Lanterman Act . However, last<br />
summer, the legislature cut funding for experimental therapies under the Trailer bill, and the East Los Angeles<br />
Regional Center (ELARC) threatened to cut off floor-time therapy . This therapy, known as Developmental,<br />
Individual Difference, Relationship-based treatment, makes a critical difference in children’s lives — in some<br />
cases enabling them to speak and play with others for the first time .<br />
After reviewing the Lanterman Act and the Trailer Bill, Katie concluded that the actions taken by ELARC violated<br />
California law because the autism treatment programs were not experimental, but in fact well-established .<br />
ELARC’s action forced all parents in the area to use one type of treatment, which simply did not work for many<br />
of these children . In January, <strong>Gibson</strong> <strong>Dunn</strong> and co-counsel Public Counsel sued on behalf of a class of 2,300<br />
autistic children, alleging that ELARC misapplied the Trailer Bill and was violating the class plaintiffs’ rights<br />
under the Lanterman Act and their due process and equal protection rights under the California Constitution .<br />
In June, Katie prevailed at a two-day hearing on a motion for preliminary injunction . Within five days, services<br />
were reinstated for the children . The very favorable settlement agreement that followed provided that<br />
all the services would be reinstated and it also put in place monitoring provisions to ensure that the children<br />
remain protected .<br />
Katie was supervised by retired partner John Sharer . First-year associates Colin Fraser, Abbey Hudson,<br />
Eric Ideta, and Justin Burden provided support .<br />
Frank Wheat awards
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