Gerry is the leader of Sullivan's Litigation Group. He has unique experience in software, licensing, internet and IT outsourcing and implementation disputes. He also regularly represents clients in financial services disputes, IP disputes, Founder disputes, stock option disputes, employment discrimination/restrictive covenant litigation, and other business disputes. Gerry has substantial trial experience in state and federal courts throughout the country, in appellate proceedings, and in arbitration.
Gerry’s recent representations include Capgemini, Simplus (Infosys), RWS (formerly SDL), DarioHealth, Nano Dimension, Inspira, parcelLabs, CyberArk, Montran, Spotify, EY, VICE, Launch Capital, KLP Enterprises, Alliance Global Partners, Greenleaf Compassionate Care Center, The Jewish Agency For Israel and the World Zionist Organization. Gerry recently represented a Holocaust survivor against a wrongful taking of his property. Gerry also represents antique race car dealers and purchasers, including in an action asserted by Jerry Seinfeld.
Representative Client Work
- Successfully obtained a unanimous defense jury verdict for Sogeti (a Capgemini subsidiary) in a jury trial in Tampa, Florida, where plaintiff, a former employee, asserted race discrimination and retaliation claims seeking seven figures in damages
- Successful defense of a custom software developer of a telecommunications system against $100+ million in claims arising out of alleged systems failures
Obtained trial verdict in Federal Court — SDNY in software selection and implementation dispute relating to Oracle software - Uncovered a massive fraud relating to a purported “second” Belize airport investment scheme and obtained favorable resolution for client, which resulted in imprisonment for the perpetrator
- Representation of cloud computing company to protect it against raiding of key executives
- Obtained payments in excess of $50 million in connection with complex outsourcing disputes
- Obtained trial verdict to recover investment banking transaction fee in New York Supreme Court
- Regularly defend companies accused of poaching employees or misappropriating trade secrets
- Obtained arbitration award in breach of acquisition agreement proceeding, including full recovery of attorneys’ fees
- Obtained dismissals in numerous executive employment discrimination actions and arbitrations, including based on race, sex, age, national origin, sexual orientation, religion, disability, retaliation and whistle-blowing under SOX and Dodd-Frank
- Obtained successful resolution in numerous IP and licensing disputes, including dismissal of alleged trade dress infringement relating to Ray-Ban sunglasses
- Obtained Ninth Circuit Court of Appeals reversal of award of attorneys’ fees to independent contractor under State of Washington employment statute
- Representing Cap Gemini S.A. in connection with various tax challenges involving the DOJ and the IRS arising out of Cap Gemini’s purchase of Ernst & Young’s consulting business
- Obtained arbitration ruling in client’s favor, after full evidentiary hearing, that individual was an Accredited Investor under Reg. D of the Securities Act of 1933
- Obtained a substantial settlement for systems integrator in dispute over adequacy of SAP Blueprint
- Represented investment bank in shareholder class action litigation regarding the Bre-X gold mining fraud; certification denied
Bar & Court Admissions
- New York
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Northern District of Illinois
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Ninth Circuit
- Supreme Court of the United States
Education
- J.D., Fordham University School of Law, Associate Editor, The Fordham Law Review
- B.S., in accounting, magna cum laude, State University of New York at Albany
Community Engagement
- Member, Federal Bar Council, Second Circuit Courts Committee
Awards & Honors
- The Legal 500 U.S. (2018-2022)
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Press ReleaseJune 8, 2022
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Press ReleaseJune 9, 2021
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Press ReleaseJune 10, 2020
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Fivehundred, QuotedJune 2019
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Sullivan Press ReleaseMay 30, 2019
- "’Do Not Track’: Online Privacy Litigation Now and in the Future,” Law.com (March 12, 2012)
- "5 Key Considerations When Litigating Cloud Computing Disputes," Law.com (January 13, 2012)
- "5 Litigation Tips for Defending Professional Trustees Under the Prudent Investor Act," Law.com (December 19, 2011)
- "Key Considerations in Information Technology Litigation in the US," German American Chambers of Commerce Legal & Tax Newsletter, Vol. 2 (2011)
- "Chapter 100: Information Technology Litigation," Commercial Litigation in New York State Courts, Third Edition (Robert L. Haig ed.), West & NYCLA (2010)
- "Often Overlooked Questions to Ask When Retaining Outside Litigation Counsel," In-House Magazine (May 2008)
- "Summary Bench Trial: Overlooked, Efficient Resolution," New York Law Journal (March 2007)
Seminars & Presentations
- The Litigation NOT Top Ten
Sullivan & Worcester, Conference Center, New York, NY (November 28, 2017)
- "Online Privacy: Impact on the Advertising Model and What to Expect in 2012 and Beyond," Coleman Research Group (March 8, 2012)
Practices
- Anti-corruption and the Foreign Corrupt Practices Act
- Complex Commercial & Financial Disputes
- Employment and Benefits
- Employment Law and Human Resources Counseling
- Information Technology Litigation
- Intellectual Property
- International Dispute Resolution
- IP Litigation
- Licensing
- Litigation
- Patents
- Privacy & Data Security
- Securities Litigation
- Software Anti-Piracy and Litigation Services
- Trademarks