Gibson Dunn’s Post

Gibson Dunn's lawyers bring you the latest in U.S. derivatives news from the past week.

Congratulations to our client Welltower Inc. on closing the $1.035 billion private offering of Welltower OP's 3.125% exchangeable senior notes due 2029. The notes are fully and unconditionally guaranteed by Welltower Inc. and are exchangeable into shares of common stock of Welltower Inc. Our team was led by partners Andrew Fabens (New York) and Stewart McDowell (San Francisco) and included associates Lawrence Lee (New York), Sarah Mitchell Ediger (Denver), Ian Mwiti Mathenge (Abu Dhabi), and Lily Paulson Stephens (New York). Partner Brian Kniesly and associate Adam Gregory (New York) advised on tax.   More information can be found at https://lnkd.in/gw62s6_a

Our lawyers examine the rule proposed by the Committee on Foreign Investment in the United States (CFIUS) to expand its jurisdiction over covered real estate transactions. #InternationalTrade #CFIUS #ForeignInvestment #RealEstate

The pivotal role played by Gibson Dunn partner Ted Olson in the fight against the Trump Administration’s attempt to rescind DACA is featured prominently in this year’s first episode of the acclaimed PBS documentary series VOCES (Voices). The DACA program (Deferred Action for Childhood Arrivals), introduced by the Obama Administration in 2012, allows undocumented young people, known as Dreamers, to live and work in the U.S. without fear of deportation. There are currently some 700,000 DACA recipients. The VOCES episode, titled “From Here, From There,” follows DACA recipient Luis Cortes Romero, the force behind the powerful legal team that took the defense of DACA to the U.S. Supreme Court, as he becomes the first undocumented lawyer to appear before the highest court in the land. There, in November 2019, Ted Olson presented the argument on behalf of the six Dreamers who had sued the Administration over its DACA actions. It was Ted’s 65th appearance before the U.S. Supreme Court. “We’ve all come to this country in very different ways and from very different places,” Ted told the documentary filmmakers. “I was very moved when I was asked whether I would represent the DACA recipients in the Supreme Court. Every single one of them has a very touching, moving story, and I thought it was insane for this country not to give them an opportunity to work and support themselves. … To have [Luis] sitting next to me in that court was a statement to me … to the Justices … to everyone else that was watching or listening to that argument that this is what this case is all about.” In a decision handed down in June 2020, the U.S. Supreme Court upheld DACA. Viewers in the U.S. can watch the documentary here: https://lnkd.in/g-mRCiCh #SCOTUS #DACA

Our monthly update on key Environmental, Social, and Governance (ESG) developments around the world.   #ESG

Congratulations to our Los Angeles partner Theane Evangelis, named Litigator of the Week by The American Lawyer Litigation Daily for her winning argument before the U.S. Supreme Court on behalf of Grants Pass, Oregon (City of Grants Pass v. Johnson). The court found that the city’s public-camping ordinance does not violate the Eighth Amendment. In an interview with the publication, Theane described her preparations for the argument as “intense,” credited the work of her “all-star team,” and spoke of the lasting significance of the experience: “What I will remember most is the tremendous sense of responsibility I felt standing at the podium on the day of the argument. Thousands of cities were counting on us. It was an honor to argue such an important case before the court.”   #SCOTUS

Congratulations to our client Wafra Inc., a global investment manager, on its strategic partnership with Citation Capital, a female-founded private equity firm specializing in partnering with founder- and family-led businesses. Our team advising Wafra was led by Houston partner Michael Piazza and included partner Andrew Friedman (Century City) and associates Kevin Lafferty (Century City), Andrew Abell (Denver), Alisa Balderas (Los Angeles), and Héctor González Medina (Los Angeles) on M&A; partner A.J. Frey (Washington, D.C.) and associate Colin Edwards (Washington, D.C.) on investment funds; partners Pamela Lawrence Endreny (New York) and Jennifer Sabin (New York) and associate Annie Lin (New York) on tax; partner Sean Feller (Century City) and associate Ashley Romanias (Washington, D.C.) on benefits; partner Kevin Bettsteller (Century City) on regulatory; partner Carrie LeRoy (Palo Alto) and associate Libby Pica (New York) on intellectual property; and partner Cassandra Gaedt-Sheckter (Palo Alto) and associate Sarah Scharf (Los Angeles) on data privacy.   For additional details: https://lnkd.in/ekuEh2RN

The Asset recognized two Gibson Dunn clients with Deals of the Year awards at its Triple A Sustainable Infrastructure Awards 2024 ceremony this week. Medco E&P Grissik Limited’s $350 million term loan facility was named Energy Transition Deal of the Year – Indonesia. A Gibson Dunn team led by Singapore partner Jamie Thomas, and assisted by of counsel Lim U-Shaun and staff attorney Jun An Chee, advised PT Medco Energi Internasional Tbk. as sponsor and Medco E&P Grissik Limited as the borrower on the deal. Additionally, PT Asianet Media Teknologi’s acquisition of fibre optics assets from PT MNC Kabel Mediakom was recognized as Telecom Deal of the Year – Indonesia. Gibson Dunn represented PT Asianet Media Teknologi (Asianet), a portfolio company of I Squared Capital, in this joint acquisition that will expand its network to more than 15,000 kilometers of fiber and 1.5 million home passes. Our Singapore-based team was led by partner Saptak Santra and included of counsel Marcus Tan and associates Kai Wen Chua and Amanda Ng. Gibson Dunn also advised on the financing of the acquisition, which was led by Jamie Thomas and assisted by associate John Cheah. #Infrastructure #Energy #Telecom #Asia #Indonesia

The second episode in our podcast series focusing on the Corporate Sustainability Due Diligence Directive (CSDDD) features a conversation between Gibson Dunn partner Markus Rieder (Munich) and Juergen Gleichauf, chief compliance officer and chief human rights officer at Mercedes-Benz. They discuss the challenges for companies in meeting the mandatory human rights and environmental obligations established by CSDDD, such as transitioning from national laws to the newly established European directive, and managing risks and setting up remediation measures in a complex supply chain. Juergen also shares examples of how companies can effectively implement a human rights-led corporate strategy. The "ESG Digest: Insights into the European Corporate Sustainability Due Diligence Directive" podcast is available on our website or wherever you listen to podcasts: https://lnkd.in/gbxrb8K4 #CSDDD #ESG #Sustainability 

Five Gibson Dunn lawyers contributed to the latest edition of Lexology’s In-Depth: International Investigations, which explores the scope of corporate and individual liability, and the regulatory and criminal investigations process in the U.S. and abroad. Washington, D.C. partner Stephanie Brooker served as Contributing Editor and co-authored the U.S. jurisdiction chapter alongside partners M. Kendall Day and David Ware, of counsel Bryan Parr, and associate Jack Strachan. Read the “Editor’s Preface” here: https://lnkd.in/ef8uGk6q. To read the “International Investigations: USA” chapter, visit https://lnkd.in/ejUrnhUN. #CorporateLiability #CriminalInvestigation #RegulatoryInvestigation