FacultyFaculty/Author Profile

Gary F. Bendinger

Howrey LLP

New York, NY, USA


Gary Bendinger is Co-Chair of Howrey's Global Litigation practice and a member of the management committee in the New York office. He has devoted more than 30 years to complex commercial litigation in courts across the nation. Mr. Bendinger is a Fellow in the American College of Trial Lawyers, has been recognized for 10 years in Best Lawyers in America (in Business Litigation), and is recognized by Chambers USA, Benchmark Litigation and Superlawyers.

Mr. Bendinger has substantial trial experience and has been brought in as lead trial counsel in matters in many jurisdictions, including California, New York and Washington DC. He has tried antitrust, securities and other complex commercial litigation matters in numerous courts. Among his successes, he was hired to act as lead trial counsel in a significant securities case after it had been litigated by another firm for a number of years. Following completion of a five-week trial, judgment was entered in favor of Mr. Bendinger's client on all claims. Mr. Bendinger also recently successfully defeated claims brought by the SEC following a two-week trial before an Administrative Law Judge.

In addition to his extensive trial experience, Mr. Bendinger has served as lead counsel in numerous antitrust, securities, fraud, breach of contract, consumer fraud class actions and intellectual property cases involving billions of dollars in damage claims in federal and state courts. Mr. Bendinger also represents clients in regulatory matters and investigations by the SEC, the Department of Justice, the Public Company Accounting Oversight Board and various state boards.

REPRESENTATIVE MATTERS

  • Peshkin v. Tremont. Lead trial counsel for audit firm.
  • Kirchner v. KPMG. Lead trial counsel for audit firm regarding claims brought by litigation trustee of Refco.
  • Melissa Lee v. Carter-Reed LLC, et al. Lead trial counsel for Carter-Reed in class action alleging numerous consumer claims under New Jersey state law. Successfully opposed class certification in the lower court and on appeal.
  • Forlenza, et. al v. Dynakor Pharmacal, LLC. Lead counsel for most defendants in a purported class action alleging violation of the California Consumers Legal Remedies Act, California Business and Professions Code, common law fraud and other asserted claims.
  • Accounting Firm Jury Trial. After a six-week trial on claims brought by a trustee against our client, a major accounting firm, judgment was entered in favor of client on all claims.
  • In the Matter of Kevin Hall and Rosemary Meyer. The SEC brought an administrative action against two auditors claiming unprofessional conduct. After a two-week trial, the ALJ found that both auditors had complied with professional standards.
  • King & King Enterprises v. Champlin Petroleum Company. Represented plaintiff in a price-fixing antitrust suit against Champlin. After a multi-week trial, the jury returned a verdict awarding more damages that had been requested. The Tenth Circuit affirmed and certiorari was denied. In addition to the result itself, this case is significant because the court found-and the Tenth Circuit affirmed-that as a matter of law the defendant had fraudulently concealed their unlawful conduct.
  • SCFC LLC v. Visa USA. Represented SCFC in antitrust action against Visa USA.
  • Semegan v. Haymond. Represented KPMG in a securities fraud suit. The US District Court for the District of Arizona dismissed securities claims against KPMG. The Ninth Circuit affirmed the dismissal on the basis that the securities claims had not been pled with sufficient particularity. For a number of years this became the seminal authority for pleading particularity in securities fraud litigation. 
  • In re Imergent Securities Litigation. Lead trial counsel for Grant Thornton in defense of a purported securities class action.

PROFESSIONAL AFFILIATIONS

  • Fellow, American College of Trial Lawyers
  • Member, Litigation and Antitrust Sections, American Bar Association
  • Member, ABA - Litigation Section
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