Gary A. Orseck

Partner
Photo of Gary A. Orseck
Fax: 202.775.4510

Education:

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

Editor, Stanford Law Review

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

Phi Beta Kappa

Bar Admissions:

District of Columbia

California (inactive)

Florida (inactive)

Over the past 30 years, Gary Orseck has handled some of the largest and most significant business litigation in the country.  Most recently, he has been lead counsel in the defense of numerous federal securities class actions and related shareholder derivative suits, often involving claims for more than $1 billion. Gary’s clients include, among others, several of the largest public healthcare companies, hedge funds, and public accounting firms. Gary has tried all manner of civil cases, including breach of contract and business torts, copyright and trademark infringement, accountant liability, and employment matters.

In the past several 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 also regularly defends large accounting firms and their professionals 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.

Professional Activities, Publications, and Honors

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

  • Washington, D.C. Super Lawyers®

  • Local Litigation Star, Benchmark Litigation 2020

  • Teamsters Local 456 Pension Fund v. Universal Health Services, et al., C.A. No. 2:17-cv-2817 (E.D. Pa.) (Lead counsel for defendants in putative shareholder class action seeking approximately $1.5 billion in damages; in August 2019, the court granted defendants’ motion to dismiss.)

  • 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 shareholder class action against CHS, seeking more than $1 billion in damages.)

  • In re Universal Health Services, Inc., Derivative Litigation, C.A. No. 2:17-cv-2187 (E.D. Pa.) (Lead counsel for defendants in shareholder derivative action.  In August 2019, the court granted defendants’ motion to dismiss.)

  • Carlyle Capital Corporation v. Conway, et al. (Lead counsel for defendant independent directors of publicly traded investment fund in action seeking more than $1 billion in damages for alleged breaches of fiduciary duty.  After a lengthy trial, the Royal Court of Guernsey issued a verdict for the defendants on all counts, which was affirmed by the Guernsey Court of Appeal.)

  • Zwick Partners et al. v. Quorum Health Corporation, et al., C.A. No. 3:16-cv-02475 (M.D. Tenn.) (Lead counsel for CHS defendants in shareholder class action arising from the 2016 spinoff of Quorum Health Services, Inc.)

  • 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 shareholder class action seeking hundreds of millions in damages for alleged misstatements concerning patient care and billing; case settled shortly before trial.)

  • E.L. Phelps, et al. v. Stomber, et al., No. 11-cv-01142 (D.D.C.) (Won motion to dismiss putative shareholder class action seeking hundreds of millions in damages; dismissal affirmed on appeal.)

  • Pegasus Imaging Corp. v. Northrop Grumman Corp., et al., No. 8:07-CV-01937 (M.D. Fla.) (Served as lead trial 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 trial 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 numerous large accounting firms in PCAOB and SEC investigations.

About

Over the past 30 years, Gary Orseck has handled some of the largest and most significant business litigation in the country.  Most recently, he has been lead counsel in the defense of numerous federal securities class actions and related shareholder derivative suits, often involving claims for more than $1 billion. Gary’s clients include, among others, several of the largest public healthcare companies, hedge funds, and public accounting firms. Gary has tried all manner of civil cases, including breach of contract and business torts, copyright and trademark infringement, accountant liability, and employment matters.

In the past several 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 also regularly defends large accounting firms and their professionals 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.

Professional Activities, Publications, and Honors

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

  • Washington, D.C. Super Lawyers®

  • Local Litigation Star, Benchmark Litigation 2020

Representative Matters
  • Teamsters Local 456 Pension Fund v. Universal Health Services, et al., C.A. No. 2:17-cv-2817 (E.D. Pa.) (Lead counsel for defendants in putative shareholder class action seeking approximately $1.5 billion in damages; in August 2019, the court granted defendants’ motion to dismiss.)

  • 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 shareholder class action against CHS, seeking more than $1 billion in damages.)

  • In re Universal Health Services, Inc., Derivative Litigation, C.A. No. 2:17-cv-2187 (E.D. Pa.) (Lead counsel for defendants in shareholder derivative action.  In August 2019, the court granted defendants’ motion to dismiss.)

  • Carlyle Capital Corporation v. Conway, et al. (Lead counsel for defendant independent directors of publicly traded investment fund in action seeking more than $1 billion in damages for alleged breaches of fiduciary duty.  After a lengthy trial, the Royal Court of Guernsey issued a verdict for the defendants on all counts, which was affirmed by the Guernsey Court of Appeal.)

  • Zwick Partners et al. v. Quorum Health Corporation, et al., C.A. No. 3:16-cv-02475 (M.D. Tenn.) (Lead counsel for CHS defendants in shareholder class action arising from the 2016 spinoff of Quorum Health Services, Inc.)

  • 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 shareholder class action seeking hundreds of millions in damages for alleged misstatements concerning patient care and billing; case settled shortly before trial.)

  • E.L. Phelps, et al. v. Stomber, et al., No. 11-cv-01142 (D.D.C.) (Won motion to dismiss putative shareholder class action seeking hundreds of millions in damages; dismissal affirmed on appeal.)

  • Pegasus Imaging Corp. v. Northrop Grumman Corp., et al., No. 8:07-CV-01937 (M.D. Fla.) (Served as lead trial 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 trial 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 numerous large accounting firms in PCAOB and SEC investigations.