Gareth T. Evans is a partner in Gibson, Dunn & Crutcher Los Angeles office. He is a member of the Litigation Department and his practice is focused on securities litigation and complex business litigation.
Mr. Evans has significant experience in the area of electronic discovery. He is one of the Co-Chairs of the Firm's Electronic Discovery and Information Law Practice Group and is active in The Sedona Conference's© Working Group 1 (Electronic Document Retention and Production) and Working Group 6 (International Electronic Information Management, Discovery and Disclosure). Mr. Evans is a frequent author on topics in the electronic discovery area.
Mr. Evans is also on the Steering Committee of the Firm's Securities Litigation Practice Group and is Co-Chair of the Accounting Litigation Subcommittee for the American Bar Association's Section of Litigation Securities Litigation Committee.
Mr. Evans received his law degree from the New York University School of Law in 1988, where he was Chairman of the Moot Court Board and received an American Jurisprudence award in Securities Litigation. He received his bachelor of arts in economics and political science with high distinction in general scholarship from the University of California at Berkeley in 1983.
Mr. Evans joined the firm in 1990 following a judicial clerkship with the Hon. Gordon Thompson, Jr. of the United States District Court for the Southern District of California.
Representative Cases
· In re Toyota Motor Corporation Securities Litigation and related cases
- Representing Toyota in securities litigation related to claims of "unintended acceleration" in certain Toyota vehicles.
- Successfully defended Toyota in related shareholder derivative litigation and bondholder securities litigation, both of which were dismissed with prejudice.
· In re Aetna UCR Multi-District Litigation
- Representing managed care organization in multi-district class action litigation involving claims under RICO, ERISA and the Sherman Antitrust Act.
· CSK, Inc. Securities Litigation and SEC Investigation
- Led day-to-day litigation team
- Managed electronic discovery production to SEC and private plaintiffs involving several million electronic documents
- Led legal briefing effort, including successful motion to dismiss derivative litigation with prejudice and mediation briefing that led to settlement of shareholder class action
· In re Wireless Facilities, Inc. Securities Litigation
- Led litigation team and legal briefing effort.
- Obtained dismissal of "Big Four" accounting firm at pleading stage on motions to dismiss
· Computer Sciences Corporation SEC Investigation
- Managed electronic document production to SEC involving several million electronic documents
· In re American Funds Excessive Fee Litigation
- Counsel through federal court trial resulting in defense verdict
- Advised client on selection of electronic discovery vendor
- Janus Capital Group SEC and New York Atty. Gen'l. Investigations and Civil Litigation
-- Represented company before SEC and NY Attorney General in investigations of market timing and late trading in the mutual fund industry
-- Represented company in multi-district civil litigation arising out of market timing and late trading allegations
-- Led electronic document production to SEC and NY Atty. Gen'l.
· Franklin Tax-Free Income Fund, et al. v. Tenet Healthcare Corporation
· In re: NewCom, Inc.o Computer Associates v. Computer Sciences Corporation
· Roll International Corporation v. Unilever United States, Inc.
· In re: Silicon Graphics Securities Litigation
· In re: Stratosphere Corporation Securities Litigation
· In re: Quarterdeck Securities Litigation II
· In re: National Medical Enterprises, Inc. Securities Litigation I and II
Articles
Mr. Evans is a frequent author in the areas of electronic discovery and securities litigation. His recent articles include:
· "E-Discovery Principles Revisited", The Daily Journal, January 28, 2010
· "Court Holds U.S. Discovery Rules Trump French Law and Hague Convention" - Digital Discovery & E-Evidence (BNA), December 2009
· "Access Granted: New California Legislation Tracks Federal Rules on E Discovery, With a Few Key Exceptions", The Recorder, July 15, 2009
· "Federal Rule of Evidence 502: Getting to Know an Important E-Discovery Tool", Orange County Lawyer Magazine, November 2009 (with Farrah Pepper)
· "Securities Litigation and the Economic Crisis: Understanding and Dealing with the Current Securities Litigation Environment", Aspatore Books, 2009 (with Wayne Smith)
· "Pleading Scienter in the Ninth Circuit: Did Tellabs Really Change Much?" Bloomberg Law Reports-Securities Litigation, August 17, 2009 (with Alex Mircheff)
Recent Publications
An EU Data Privacy Advisory Body Provides Guidance Regarding Consent to Process Personal Data, Client Alert, Aug 8, 2011
E-Discovery Basics: Cross-Border E-Discovery (Vol. 1, No. 11), Client Alert, Jul 25, 2011
2011 Mid-Year E-Discovery Update, Client Alert, Jul 22, 2011
E-Discovery Basics: Admissibility and Presentation of ESI (Vol. 1, No. 10), Client Alert, Jul 18, 2011
E-Discovery Basics: Production of ESI (Vol. 1, No. 9), Client Alert, Jul 11, 2011
E-Discovery Basics: Processing & Reviewing ESI (Vol. 1, No. 8), Client Alert, Jul 5, 2011
E-Discovery Basics: Collection of ESI (Vol. 1, No. 7), Client Alert, Jun 27, 2011
E-Discovery Basics: Preservation of ESI, Part 2 (Vol. 1, No. 6), Client Alert, Jun 20, 2011
French Data Protection Authority Announces Increased Inspections for Compliance with French and European Union Data Privacy Requirements, Article, Jun 15, 2011
E-Discovery Basics: Preservation of ESI, Part 1 (Vol. 1, No. 5), Client Alert, Jun 13, 2011
E-Discovery Basics: Legal Holds (Vol. 1, No. 4), Client Alert, Jun 6, 2011
E-Discovery Basics: Litigation Preparedness (Vol. 1, No. 3), Client Alert, May 31, 2011
E-Discovery Basics: The E-Discovery Life Cycle (Vol. 1, No. 2), Client Alert, May 23, 2011
E-Discovery Basics: Why Should I Care About E-Discovery? (Vol. 1, No. 1), Client Alert, May 17, 2011
E-Discovery Developments: Court Holds That Oral Preservation Notice Is Not Automatically Sanctionable, Client Alert, May 13, 2011
French Data Protection Authority Announces Increased Inspections for Compliance with French and European Union Data Privacy Requirements, Client Alert, May 11, 2011
E-Discovery Trends: Latest Scheindlin Decision Offers Guidance Regarding Format of Production, Metadata and Rule 26(f) Duties, Client Alert, Feb 10, 2011
E-Discovery Trends: Delaware Chancery Court Adopts Preservation Guidelines for Electronically Stored Information, Client Alert, Jan 28, 2011
2010 Year-End Electronic Discovery and Information Law Update, Client Alert, Jan 13, 2011
2010 Year-End Securities Litigation Update, Client Alert, Jan 11, 2011
Court Orders Spoliator Imprisoned, Surveys Differing Preservation And Sanctions Standards: An In-Depth Look at Victor Stanley II, Article, Oct 14, 2010
2010 Mid-Year Securities Litigation Update, Client Alert, Aug 9, 2010
2010 Mid-Year Report on Electronic Discovery and Information Law, Article, Jul 22, 2010
2010 Mid-Year Electronic Discovery and Information Law Update, Client Alert, Jul 13, 2010
Supreme Court Holds That Purchasers of Securities on Foreign Exchanges Cannot Bring Federal Securities Fraud Lawsuits in U.S. Courts, Client Alert, Jun 24, 2010
E-Discovery Principles Revisited, Article, Jan 28, 2010
2009 Year-End Electronic Discovery and Information Law Update, Client Alert, Jan 15, 2010
E-Discovery Trends: Significant New Decision by Author of Famed Zubulake Decisions, Client Alert, Jan 14, 2010
Court Holds U.S. Discovery Rules Trump French Law and Hague Convention, Article, Dec 1, 2009
Federal Rule of Evidence 502: Getting to Know an Important E-Discovery Tool, Article, Nov 2, 2009
Pleading Scienter in the Ninth Circuit: Did Tellabs Really Change Much?, Article, Aug 17, 2009
The Recorder: Access Granted, Article, Jul 15, 2009
2009 Mid-Year Update on E-Discovery Cases, Client Alert, Jul 8, 2009
California Enacts Comprehensive E-Discovery Legislation Effective Immediately - Legislation Follows Federal Rules Amendments, but Also Departs in Significant Ways, Client Alert, Jun 30, 2009
Delaware Chancery Court Awards Sanctions for Spoliation; Issues Significant Guidance on Electronic Discovery, Client Alert, Jun 19, 2009
Securities Litigation and the Economic Crisis: Understanding and Dealing with the Current Securities Litigation Environment, Article, May 4, 2009
Federal Court of Appeals Vacates SEC's Regulation of Hedge Funds, Client Alert, Jun 26, 2006