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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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