James Patrick Clark

During his over 30 years with Gibson, Dunn & Crutcher LLP, Mr. Clark has specialized in complex commercial litigation and counseling for the firm's clients in the areas of antitrust, unfair competition, securities, intellectual property, professional liability, and entertainment. His practice has included both litigation, and advice and counseling, on pricing and distribution practices, mergers and acquisitions, securities regulation, legal malpractice, both civil and criminal government investigations, mutual fund practices, trademark, trade name, trade dress, trade secret, and copyright infringement, theft of ideas, patent infringement, Lanham Act violations, nationwide class actions, and unfair competition.

Specifically, within the last several years, Mr. Clark has (among other efforts):

· Served as lead trial counsel for French entrepreneur Francois Pinault and his holding company, Artemis S.A. in a five-month jury trial in Federal District Court involving the sale of billions of dollars of junk bonds in connection with the conservation of The Executive Life Insurance Company;

· Defended General Electric Commercial Finance through a multi-week, eight-figure fraud and conspiracy trial in the United States Bankruptcy Court for the Northern District of California;

· Serves as lead trial counsel for KPMG LLP in numerous alleged tax shelter/fraud actions currently pending in California and Nevada, all of which have been, or will be, set for trial in 2009 or 2010;

· Successfully defended one of Los Angeles' largest law firms in a seven-week judicial arbitration (in which approximately $50 million dollars in damages was sought);

· Served as the senior litigation partner representing the Janus Capital Group in the mutual fund industry investigation, involving investigations by the Securities and Exchange Commission, the New York Attorney General's Office, the Colorado Attorney General's Office, and the Colorado Division of Securities;

· Served as lead counsel for Hilton Hotels in the 4.5 million class member "Energy Surcharge Litigation";

· Served as lead counsel for the lead defendant in five consolidated "Section 17200" nation-wide class actions in California state courts for the home mortgage industry ("California Foreclosure Industry class actions");

· Obtained a jury verdict, after a three-week trial, in favor of actor Jack Klugman, in the first "celebrity palimony case" to be won at trial;

· Served as lead trial and co-lead appellate counsel (along with the California Attorney General's Office) in California Democratic Party, et al. v. Californians for an Open Primary, the defense of "Proposition 198," the California Open Primary Initiative, reported at 984 F. Supp. 1288 (E.D. Cal. 1997); affirmed, 169 F.3d 646 Ninth Circuit 1998, reversed, 530 U.S. 567, 147 L. Ed. 2d 502, 120 S. Ct. 2402, (2000);

· Served as lead counsel for Metro-Goldwyn-Mayer, Inc. and United Artists in Garrison v. Warner Bros., a purported nation-wide class-action involving the net profit accounting practices of all of the major Hollywood studios;

· Argued and obtained a favorable ruling for Artemis S.A. from the Ninth Circuit in 2008, reducing the Plaintiff's total recovery in the litigation referred to above to zero;

· Argued and won a separate appeal involving a related claim against Artemis S.A. in the California Supreme Court in 2006.

Mr. Clark is Co-Editor of the two-volume Desk Edition of von Kalinowski's Antitrust Laws and Trade Regulation, and currently serves as a member of the Executive Committee of the Antitrust Section of the State Bar of California. He is a former Vice-Chair and member of the Executive Committee of the Board of Regents of Georgetown University, was Deputy General Counsel of the Webster Commission on the 1992 Los Angeles Riots, is Past President and member of the Executive Committee of the Board of Directors of Bet Tzedek (the House of Justice) Legal Services in Los Angeles, is Vice President and member of the Board of Directors of the Los Angeles Alliance for Children's Rights, and is a Vice Chair of the Board of the Los Angeles Library Foundation. In 1990, based on his work suing -- and pursuing -- slumlords, Mr. Clark was named the State Bar's Pro Bono Lawyer of the Year.

Mr. Clark is an honors graduate of Georgetown University, where he was Student Body President, and, in 1973, graduated from the New York University School of Law, where he was a Root-Tilden Scholar and Note and Comment Editor of the Law Review. Prior to joining Gibson, Dunn & Crutcher LLP, Mr. Clark served as law clerk for Judge John Minor Wisdom of the United States Court of Appeals for the Fifth Circuit in New Orleans.

Member: State Bar of California (Member, Executive Committee, Antitrust Section); New York State Bar Association.