Diane L. McGimsey

McGimsey represents clients in a wide range of federal and state litigation matters at both the trial and appellate level, with a focus on shareholder litigation and the defense of private class action securities and antitrust litigation.

One of the things she finds most exciting about her practice is that her caseload shifts with the "crisis of the day."

McGimsey is part of the team that represents Volkswagen AG in civil and criminal claims with government agencies and private plaintiffs over diesel car emissions. Last year Volkswagen reached a landmark $14.7 billion settlement with U.S. consumers related to 475,000 diesel engine vehicles. The resolution was achieved with multiple government agencies, 44 U.S. states and private plaintiffs. In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, 15-MD2672 (N.D. Cal., Oct. 25, 2016).

Related cases are ongoing, including actions brought by state regulators. McGimsey and her team also are dealing with the implementation of the consumer class action piece and compliance with regulators.

Part of Sullivan & Cromwell's approach to handling the matter is to regularly look at the big picture, she said.

"A lot of it is just trying to coordinate a strategy that accomplishes both the litigation and the business goals," McGimsey said. "In a case like this, with so much litigation going on, it's easy for lawyers to forget that there's still a business to run. We need to focus on both what needs to be done in litigation and helping the company move forward."

— Jennifer Chung Klam