Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP

Gary Orseck, Partner

Education:

J.D., Stanford Law School, 1988, with distinction

Editor, Stanford Law Review

B.A., magna cum laude, Brown University, 1985,

Phi Beta Kappa

Contact:

Tel: 202.775.4504
Fax: 202.775.4510

Bar Associations

District of Columbia

California (inactive)

Florida (inactive)

Gary A. Orseck, Partner

Appellate Briefs

In Re Initial Public Offering Securities Litigation Amicus Brief of the U.S. Chamber of Commerce
In re Oracle Corporation Securities Litigation Amicus Brief of the U.S. Chamber of Commerce
Morgan Stanley Capital Group and Calpine Energy Services v. Public Utility Amicus Brief of The International Swaps and Derivatives Association, Inc., and The Financial Institutions Energy Group
Pacific Management v. Mayer Brown LLP Amicus Brief of the U.S. Chamber of Commerce
Perfect 10 v. Giganews Cert. Petition
Perfect 10 v. Visa International Service Association Amicus Brief of the Recording Industry Association of America
Pfeffer v. Redstone et. al. Amicus Brief of the U.S. Chamber of Commerce
Sempra Generation v. Public Utilities Commission of the State of California Amicus Brief of The International Swaps and Derivatives Association, Inc., and the Financial Institutions Energy Group
Stoneridge Investment Partners v. Scientific-Atlanta and Motorola Amicus Brief of the American Institute of Certified Public Accountants
Teachers' Retirement System of Louisiana v. ACLN Application of BDO Seidman, LLP
Teachers' Retirement System of Louisiana v. ACLN Supplement to Application of BDO Seidman, LLP
Teachers' Retirement System of Louisiana v. ACLN Reply Brief of Defendant-Applicant BDO Seidman, LLP

Trial Memoranda

Idaho AIDS Foundation v. Idaho Housing & Finance Idaho Housing & Finance Association's Memorandum in Response to Defendant Jackson's Motion to Dismiss
In re: IKON Office Solutions, Inc. Sec. Litig. Memorandum in Support of Motion for Summary Judgment
In re: IKON Office Solutions, Inc. Sec. Litig. Reply Memorandum in Support of Motion for Summary Judgment
Ritchie Capital Management, L.L.C. v. Coventry First LLC Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss
Teachers' Retirement System of Louisiana v. ACLN Memorandum in Support of BDO Seidman, LLP's Motion to Dismiss
Teachers' Retirement System of Louisiana v. ACLN Reply Memorandum in Support of BDO Seidman, LLP's Motion to Dismiss
Confederated Tribes of the Grand Ronde Community of Oregon v. Jewell, et al. Plaintiff's Reply in Support of Motion for Summary Judgment
Norfolk County Retirement System v. Community Health Systems, Inc. Defendants' Memorandum in Support of Motion to Dismiss the Amended Complaint
Norfolk County Retirement System v. Community Health Systems, Inc. Defendants' Reply Memorandum in Support of Motion to Dismiss the Amended Complaint

GARY ORSECK’s trial practice focuses on complex civil litigation and government enforcement actions.  He represents plaintiffs and defendants, and large and small companies, in all sorts of disputes.  In the past few years, Gary was lead trial counsel in three major federal jury trials; a software infringement case, a collective action under the Fair Labor Standards Act against the City of New York, and a breach of fiduciary duty claim.  Gary regularly defends corporations, large accounting firms, and their directors, officers, and partners in private securities class actions and in SEC and PCAOB enforcement proceedings. 

Gary co-founded Robbins Russell in 2001, and served as the firm’s Managing Partner for 14 years.  He had been a partner in the Washington office of Mayer, Brown & Platt, and before that served in the Civil Division of the U.S. Department of Justice, where he received numerous awards for distinguished trial work.  After law school, Gary clerked for Judge Peter T. Fay on the United States Court of Appeals for the Eleventh Circuit.

Representative matters include:

  • Carlyle Capital Corporation v. Conway, et al. (lead counsel for defendant independent directors of publicly traded investment fund in action seeking nearly $2 billion in damages for alleged breaches of fiduciary duty; on September 4, 2017, after a months-long trial, the Royal Court of Guernsey issued a verdict for the defendants on all counts.)

  • Norfolk County Retirement System v. Community Health Systems, Inc., Consolidated C.A. No. 11-cv-00433 (M.D. Tenn.) (lead counsel for defendants in putative federal securities class action against CHS, seeking more than $1 billion in damages.  In April 2016, Gary argued the defendants’ motion to dismiss, and in June the Court  dismissed the complaint with prejudice in its entirety, on the grounds that the Lead Plaintiff failed adequately to allege loss causation, and that certain of the claims were time-barred or failed to allege a material misstatement.)

  • Garden City Employees’ Retirement System v. Psychiatric Solutions, Inc., No. 3:09-cv-00882-WJH (M.D. Tenn.) (served as lead counsel for defendants in federal securities shareholder class action seeking hundreds of millions in damages alleging material misstatements concerning patient care.  Case settled shortly before trial)

  • Big  Vision Ltd. v. E.I. Du Pont de Nemours & Co., No. 11 Civ. 8511 (S.D.N.Y.) (served as lead counsel for plaintiff in suit alleging misappropriation of trade secrets and unfair competition in the global market for commercial billboards)

  • E.L. Phelps, et al. v. Stomber, et al., No. 11-cv-01142 (D.D.C.) (won motion to dismiss putative class action asserting federal and common law securities claims seeking hundreds of millions in damages)

  • Pegasus Imaging Corp. v. Northrop Grumman Corp., et al., No. 8:07-CV-01937 (M.D. Fla.) (served as lead counsel for defendant Northrop in jury trial concerning allegations of copyright infringement and breach of license; matter settled after court declared a mistrial)

  • Amtrak v. Veolia, Civil Action No. 1:07-cv-01263-RBW (D.D.C.) (served as lead counsel for plaintiff Amtrak in suit arising from competitive bid for commuter rail service contract in Florida)

  • Scott, et al. v. City of New York, et al., Case No. 02-CV-9530 (S.D.N.Y.) (served as lead counsel for nearly 16,000 New York City police officers and detectives in Fair Labor Standards Act suit; won summary judgment on overtime rate claims)

  • Official Committee of Unsecured Creditors of TOUSA, Inc., et al. v. Citicorp North America, Inc., et al., Adv. Pro. No. 08-01435-JKO (Bankr. S.D. Fla.) (with team of Robbins Russell lawyers, tried fraudulent conveyance action in which our client was awarded more than $500 million in damages)

  • Represent large accounting firms in numerous ongoing PCAOB and SEC investigations

Professional Activities, Publications and Honors:

  • Member, Securities Litigation Advisory Committee to the U.S. Chamber of Commerce’s National Chamber Litigation Center