Virginia Gibson
Palo Alto
Partner, White & Case LLP

Practice Experience

Ms. Gibson's practice focuses on cross-border compensation, including equity-based compensation, securities, labor and employment concerns. She has worked with over 100 multinational companies in the design, management, implementation and maintenance of equity-based compensation plans.

Ms. Gibson also counsels on stock compensation, executive compensation and employee benefit issues arising in mergers and acquisitions, loans, reorganizations and other business transactions. She has represented clients in global and U.S. employment law, personal data privacy and workplace privacy matters. Ms. Gibson has also advised numerous employers on the nuances of local laws concerning privacy matters and drafting document, personal information and workplace privacy policies.
B In addition, Ms. Gibson assists banks, investment advisors and broker-dealers on investment product development, cross-border financial services such as investment management, brokerage and banking, and with respect to their fiduciary responsibilities.

During the past several years, Ms. Gibson has been the lead attorney on various types of transactions, including the following:
  • establishing offshore entities for investment by non-U.S. residents in U.S.-based venture capital funds;
  • implementing non-U.S. global employee stock plan equivalents;
  • implementing global repricing and exchange programs for underwater options;
  • advising companies regarding the spinoff of divisions;
  • advising non-U.S. companies on offering equity-based compensation plans in the United States;
  • advising securities firms regarding broker-dealer and investment adviser registration requirements and available exemptions in the U.S. and in numerous non-U.S. jurisdictions, including the acquisition and use of an ISD cross-border "passport" in the European Union;
  • developing policies and procedures regarding brokerage firms' business dealings with non-U.S. residents;
  • advising non-U.S. financial services companies on providing investment products and services to U.S. residents;
  • determining the regulatory implications in numerous jurisdictions of an offering by a U.S. bank of investments in U.S.-based venture capital funds to non-U.S. residents;
  • advising U.S.-based securities firms regarding the establishment of mutual funds in non-U.S. jurisdictions and their provision of investment and portfolio management services for such funds, including UCITS-qualified funds in the European Union and advising investment firms and employers regarding the securities and other implications in non-U.S. jurisdictions of using "synthetic" measurement devices, such as mutual fund gains and equity indices, to determine benefits in corporate compensation programs.
Before joining White & Case LLP in 2001, Ms. Gibson established the global executive compensation and employee benefits practice at another international law firm.

Bars and Courts
U.S. District Court, Northern District of California, admitted 1981 California State Bar, admitted 1981

Education
B.A., University of California at Berkeley, 1972
J.D., University of California, Hastings College of Law, 1977

Professional Associations
California State Bar Association, member of Executive Committee of the Tax Section (1985-1988)
San Francisco Chapter of the Western Pension & Benefits Conference, President (1989-1991)
National Association of Stock Plan Professionals
National Center for Employee Ownership


Publications and Speeches
Ms. Gibson has written or lectured for the California State Association of County Retirement Systems, the California State Bar, California Bankers Association, Continuing Education of the Bar, Northern California Trust Association, San Francisco Bar Association, National Center for Employee Ownership, National Association of Stock Plan Administrators, WorldatWork, and Western Pension & Benefits Conference.

Citizenship
United States

Workshop : Restricted Stock and Other Equity Alternatives