Gibson Dunn & Crutcher LLP

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Phone: (650) 463-7300

Phone: (650) 849-5307

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Gibson Dunn LLP

Lyon, H

Lyon, H Mark

Collins, Paul J - Gibson Dunn & Crutcher

Salmon Denis R

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http://www.gibsondunn.com

https://www.gibsondunn.com/lawyer/lyon-h-mark

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Attorneys, Accident & Property Damage Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Business Litigation Attorneys, Construction Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Domestic Violence Attorneys, Employment Discrimination Attorneys, Labor & Employment Law Attorneys, Patent, Trademark & Copyright Law Attorneys, Personal Injury Law Attorneys, Personal Property Law Attorneys, Real Estate Attorneys, Tax Attorneys, Wrongful Death Attorneys

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Phone: (650) 849-5300

Address: 1881 Page Mill Rd, Palo Alto, CA 94304

Website: http://www.gibsondunn.com

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Gibson Dunn & Crutcher LLP

Criminal Defense
Counseling, risk assessment, and compliance program implementation in key compliance areas, including criminal law, antitrust and competition, money laundering, sanctions, tax evasion, false claims, corruption, and financial-sector regulation
Wrongful Death
Represented a large defense contractor in toxic tort lawsuit involving a putative class of approximately 800 plaintiffs in Southern California, claiming personal injuries, wrongful death, medical monitoring and property damage resulting from alleged exposure to chemicals in drinking water. Through a series of unparalleled pretrial motions and appellate victories, we obtained complete defense judgments against the first group of 50 plaintiffs selected by their counsel.
Fraud
Won dismissal for a large accounting firm in a putative class action arising out of alleged accounting fraud by a client. The Second Circuit affirmed the dismissal of plaintiffs’ claims under Sections 10(b) and 14(a) of the Securities Exchange Act of 1934 and under Section 11 of the Securities Act of 1933 for failure to plead loss causation.
White Collar Crimes
Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2023 edition and named 69 partners as Litigation Stars and Future Stars across the U.S. Nationally, the firm received Tier 1 rankings in the Appellate, Competition/Antitrust, Commercial, Intellectual Property, Labor and Employment, Securities and White Collar Crime categories.
Drug Crimes
Companies doing business internationally today must ensure that they comply with myriad economic and trade sanctions administered and enforced by a host of governmental bodies and international organizations around the world seeking to combat international terrorism, nuclear weapons proliferation, drug trafficking and other breaches of international law. Unilateral or multilateral, broad or targeted, country-based or list-based, complementary or conflicting, violation of these sanctions can lead to significant civil or criminal penalties, can subject a company to being placed on a “blacklist” for even inadvertent violations, and can irreparably damage a company’s reputation in the global marketplace.
Restraining Order
Represented a major oil company in a successful temporary restraining order proceeding in Santa Barbara County Superior Court to halt the implementation of a proposed rulemaking by the Santa Barbara County Air Pollution Control District.
Money Laundering
Our lawyers discuss the latest developments and trends in U.S. and international anti-money laundering (AML) and sanctions laws, regulations, and enforcement.
Extortion
Chevron Corp. v. Donziger et al., Case No. 11-cv-0691 (S.D.N.Y.). Gibson Dunn was lead counsel in Chevron’s RICO and fraud suit against the U.S. lawyer and associates who masterminded an extortion scheme against Chevron that included fraudulently procuring a $9.2 billion Ecuadorian judgment against the company and carrying out an extortionate pressure campaign in the U.S. Gibson Dunn obtained a trial verdict in favor of Chevron, in which the district court held that the scheme constituted racketeering in violation of RICO and federal laws prohibiting attempted extortion, wire fraud, money laundering, witness tampering, obstruction of justice, and the Foreign Corrupt Practices Act. In its 485-page opinion, the court described the case as “extraordinary” and “includ[ing] things that normally come only out of Hollywood,” including “coded emails,” “payments out of a secret account,” videotaped evidence of crimes in progress, and blockbuster evidence that the defendants “wrote the [Ecuadorian] court’s Judgment themselves and promised $500,000 to the Ecuadorian judge to rule in their favor and sign their judgment.” The RICO verdict follows on the heels of dozens of discovery proceedings filed by Gibson Dunn in district courts around the country. Gibson Dunn’s efforts led eight courts to apply the crime-fraud exception to the attorney-client privilege and order production of evidence related to the racketeering scheme. As Chevron requested, the court imposed equitable relief preventing the conspirators from enforcing the judgment in the U.S. and ensuring that they “not be allowed to benefit from [the Ecuadorian judgment] in any way.”

Business and Corporate Law

Corporate Law
Regulatory advice includes counseling and representing U.S. and international banks and financial holding companies before U.S. federal and state regulatory agencies. We advise on compliance with all aspects of regulation mandated by the Dodd-Frank Act, including enhanced capital and liquidity standards, heightened corporate governance expectations and the Volcker Rule. Our derivatives regulatory lawyers, who have significant Commodity Futures Trading Commission (CFTC) expertise, handle the full range of issues raised by Title VII of Dodd-Frank.
Mergers and Acquisitions
Our group provides a full range of services to clients in all energy industry segments – including complex litigation, government enforcement and investigation defense, mergers and acquisitions, energy infrastructure development and operation, and compliance with government rules and regulations.
Business Disputes
Additionally, our lawyers regularly represent accounting firms and professionals in private actions such as shareholder litigation, and in other business disputes such as employment and contract matters. We have time and again obtained successful resolutions for our clients in these civil lawsuits.
Business Transactions
A wide range of clients continually call on our Derivatives Group for assistance relating to derivatives, including complex regulatory analysis, advocacy before regulatory agencies and legislators, commercial transactions, handling Commodity Futures Trading Commission (CFTC) enforcement matters, defending private actions brought under the Commodity Exchange Act (CEA), challenging agency rulemakings, and advising on the impact of global regulatory changes. These diverse clients include financial institutions, commercial end-users, investment funds, trade associations, and market service providers.
Trade Secrets
Intellectual Property
The Intellectual Property Practice Group’s lawyers offer strategic insights and solutions to companies facing complex intellectual property issues. We understand that such issues must be considered in the context of larger business needs and interests. We partner with our clients to develop strategies that effectively and efficiently advance and protect their interests. We have deep capabilities across all categories of IP litigation and transactional matters, including...
Unfair Competition
Secured affirmance from the California Court of Appeal of the dismissal, also obtained by Gibson Dunn, of a putative class action seeking more than $6 billion in restitution from Time Warner Cable (TWC) for allegedly “forcing” Southern California pay TV subscribers to subsidize the cost of new television rights agreements with the Los Angeles Dodgers and the Los Angeles Lakers. Arguing that TWC and all other Southern California pay TV providers should offer these channels on an à la carte basis, plaintiffs claimed that requiring non-sports fans to pay for unwanted sports programming violated California’s Unfair Competition Law. The Court of Appeal held that because TWC’s shifting of existing sports programming to new channels on the enhanced basic cable tier – even if accompanied by an alleged rate increase – was not a “fundamental change” to the service, federal law and regulations preempted plaintiffs’ claim.
Antitrust
No law firm has a more distinguished record of success than Gibson Dunn in handling high-stakes antitrust litigation. For more than a quarter of a century Gibson Dunn has represented clients in antitrust cases in U.S. federal and state courts against the government and private parties. These cases have frequently involved cutting-edge antitrust issues and the most challenging class actions. Rare among antitrust practices, Gibson Dunn’s antitrust litigators are some of the most experienced courtroom lawyers in the United States, with a track record of success winning cases at trial and on appeal. The firm has extensive experience taking complex antitrust and competition cases to trial and, in combination with one of the top appellate practices in the country, regularly represents our antitrust and competition clients in all levels of appellate courts.

Wrongful Termination
Secured affirmance from the California Court of Appeal of the trial court’s grant of summary judgment in favor of client Ports America. In holding that labor arbitration awards bar subsequent wrongful termination claims that involve the same primary right (here the right not to be discharged for wrongful reasons), the Court of Appeal established new law on res judicata and the primary rights doctrine.
Employment Discrimination
Obtained a landmark victory for the world’s largest retailer when the U.S. Supreme Court unanimously reversed class certification of the biggest employment discrimination class in history. Rejecting a 6-5 decision by the en banc Ninth Circuit, the Court held that a class plaintiff must come forward with “significant proof” that an employer operated under a “general policy of discrimination.” In a case where such proof “is entirely absent” and plaintiffs’ evidence is “worlds away” from the required significant proof, the case lacks commonality and cannot proceed as a class action.
Employment Contract
Secured a significant victory for Global Linguists Solutions LLC (GLS) when the plaintiffs in a putative class action stipulated to the voluntary dismissal of their case with prejudice. Plaintiffs were current and former linguists who worked for GLS on a contract to assist U.S. military forces in Kuwait. GLS successfully first removed the case, originally filed in California state court, to the Central District of California and then transferred it to the Eastern District of Virginia on the basis of the forum-selection clause in plaintiffs’ employment contracts. The dismissal came after further successful pretrial proceedings, including enforcement of a contractual jury trial waiver and dismissal of nine of the 11 asserted claims including for promissory fraud for failure to provide certain meal and other pay and compensation items. This was the second putative class action filed by linguists against GLS in which it was represented by Gibson Dunn. Plaintiffs in the first suit voluntarily dismissed their action without prejudice.
Employment Litigation
Gibson Dunn was also named the Labor & Employment Litigation Department of the Year, noting, “with novel labor and employment issues swirling, Gibson Dunn’s litigators set standards and settle the law,” and that a case “typical for Gibson Dunn’s labor and employment team” is “high-profile,” “cutting-edge,” and “a victory.”(December 2021)
Non-compete Agreement
Obtained a public settlement of $20 million and additional restrictions in a lawsuit brought by Gibson Dunn on behalf of Capital One Financial Corporation against two former executives. Capital One alleged that the defendants had violated their noncompete agreement with Capital One by, among other things, acquiring Herald National Bank, a New York bank, despite their agreement not to compete with Capital One in the New York area for five years. The settlement followed a decision to deny defendants’ summary judgment motion, in which the court held that the noncompete agreement they entered into with Capital One was enforceable.
Severance Agreement
Our lawyers discuss a recent ruling by the National Labor Relations Board affirming restrictions on confidentiality and non-disparagement provisions in severance agreements.

Real Estate Litigation
U.S. News – Best Lawyers® awarded Gibson Dunn Tier 1 rankings in 144 practice area categories in its 2023 “Best Law Firms” survey. Overall, the firm earned 179 rankings in nine metropolitan areas and nationally. Additionally Gibson Dunn was recognized as “Law Firm of the Year” for Real Estate Law and in Securities Regulation. (November 2022)
Construction Litigation
Real Estate Transactions
The Environmental Litigation and Mass Tort Practice Group helps clients manage potential environmental considerations that arise in almost all corporate and real estate transactions. The group’s lawyers are expert in identifying risks; negotiating and drafting purchase, lease, financing and other agreements to deal with such risks; and structuring transactions with regard to individual and corporate environmental liability.
Eminent Domain
Represented new owners of a Hollywood studio in challenge of an environmental impact report (EIR) for the La Brea Gateway redevelopment project. Related litigation involved enforcement of an existing development agreement with the City of West Hollywood and defense of an eminent domain proceeding. The litigation resulted in a favorable settlement for the client that enabled the redevelopment project to proceed while honoring the pre-existing development agreement.
Land Use and Zoning
Gibson, Dunn & Crutcher’s Environmental Litigation and Mass Tort Practice Group routinely represents clients in significant litigation under the U.S. National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). We also counsel clients on land use issues associated with these laws.
Property Damage
The Environmental Litigation and Mass Tort Practice Group has unparalleled experience defending environmental personal injury and property damage class actions across the United States. The group has successfully litigated a number of the most significant class actions in the country, amassing an impressive win record in trial and appellate courts. Our unrivaled experience and judgment in this area enable us to attack enterprise-threatening liability claims systematically, efficiently and creatively.

Personal Injury
Represented a large university in property damage and personal injury claims of nearby residents claiming exposure to radiation during nuclear experiments in the 1960s. Obtained a favorable settlement while summary judgment motion was pending.

Trusts and Estates

Probate

Bankruptcy
Five of Gibson Dunn’s business restructuring and reorganization matters were recognized as “Successful Restructurings of 2022” and one was listed among the “Largest Chapter 11 Bankruptcy Cases of 2022” by Turnarounds & Workouts.
Tax Law
Gibson Dunn’s Global Tax Controversy and Litigation Practice Group is led by renowned tax controversy and litigation lawyers with decades of experience handling the largest and most complex cases on behalf of a wide range of taxpayers. Our team members have worked at the highest levels of government as the most recent IRS Chief Counsel and a recent Deputy Associate Chief Counsel (International), and include award-winning former trial attorneys with the U.S. Department of Justice Tax Division. Our broad and deep experience enables us to craft nuanced strategies for achieving the most effective and efficient resolution of any tax dispute. We handle contested matters involving a broad range of tax issues, including...

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