Gary Apfel

Partner

Gary Apfel is Co-Chair of the Dewey & LeBoeuf LLP Consumer Financial Services Group. Since the mid 1970s, Mr. Apfel has been advising numerous clients in the U.S. and internationally on the full range of opportunities and challenges that a company faces. Mr. Apfel’s experience includes advising on compliance matters, corporate governance issues, reorganizations and restructurings, mergers and acquisitions, public and private securities offerings and commercial transactions. He also advises boards of directors regarding their fiduciary duties and other responsibilities. For two years, Mr. Apfel served on the Vorstand (Management Board) of ELSA AG, a German high-tech company, and as chairman of its U.S. subsidiary, ELSA, Inc. He has written and lectured extensively on compliance matters and is the co-author, with Ralph C. Ferrara, of The Consumer Financial Protection Bureau Reporter, a four volume treatise published by CCH/Wolters Kluwer on Titles X and XIV of the Dodd-Frank Act and the regulatory framework they establish.

Representative Matters

Compliance and Corporate Governance

  • Served as Special Counsel to the Corporate Advisor and Monitor of Bristol-Myers Squibb pursuant to an S.E.C. Consent Decree and a U.S. Department of Justice Deferred Prosecution Agreement; the representation focused on compliance and corporate governance
  • Advised the board of directors of a major oilfield services company on matters involving corporate governance, compliance and fiduciary duties
  • Advised the board of directors of a major networking hardware and software company on matters involving corporate governance, compliance and fiduciary duties

Reorganizations and Restructuring

  • Represented General Motors Corporation (GM) in the planning and implementation of its successful restructuring under Chapter 11, which allowed GM to emerge from bankruptcy only 40 days after its initial filing
  • Represented a Japanese trading company in connection with the company's worldwide reorganization
  • Represented a major German company in the restructuring of its oil and gas business in the U.S.

Mergers and Acquisitions

  • Represented the management of a public U.S. corporation in connection with the leveraged buyout of that company
  • Represented a U.S. insurance company in the acquisition of the group health and life insurance operations of a major life insurance company
  • Represented a utility holding company in the acquisition of a Florida utility
  • Represented the developers of a major Beverly Hills, California, high-end retail shopping mall in connection with the sale of the mall to Japanese investors

Corporate Finance

  • Represented a Bermuda insurance company in its initial public offering (IPO) and listing on the New York Stock Exchange (NYSE)
  • Represented a German high-tech company in its IPO and listing on the NYSE
  • Represented a German high-tech company in a private U.S. offering of its common stock as part of a global IPO

Mr. Apfel lectures on topics related to his practice. Among others, he has participated in the following programs:

  • Society of Corporate Compliance and Ethics Annual Compliance & Ethics Institute (New Orleans)
  • Institute for Corporate Counsel (Los Angeles)
  • Practicing Law Institute Seminar on "The Nuts and Bolts of Doing Corporate Transactions" (San Francisco)
  • Seminar for senior staff of the U.S. Federal Trade Commission on corporate considerations relating to divestitures (Washington, DC)
  • Seminar for the staff of the Securities and Exchange Commission on public company acquisitions (Washington, DC)
  • Euroforum Seminar on "Going Public in the United States" (Frankfurt, Germany)

Selected Activities

  • Member, American Bar Association
  • Consumer Financial Services Committee
  • Special Task Force on Public Company Acquisitions
  • Member, Conference on Consumer Finance Law

Selected Publications

  • Co-author of The Consumer Financial Protection Bureau Reporter, CCH/Wolters Kluwer
  • Co-author, "Ramifications of In Re The Walt Disney Company Derivative Litigation," LLGM Client Alert (June 16, 2003)

Awards and Recognition

  • Corporate Governance and Directors' Duties expert, PLC Cross-border Handbook
  • Corporate Governance Law expert, Legal Media Group's Guide to the World's Leading Experts
  • Southern California Super Lawyer

Education

  • Columbia University Law School, 1976, JD, Kent Scholar
  • New York University, 1973, BA, magna cum laude, Phi Beta Kappa

Bar Admissions

  • California
  • New York

Languages

  • German