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 2021 – 2022

  • Teamsters Local 456 Pension Fund v. Universal Health Services, et al., C.A. No. 2:17-cv-2817 (E.D. Pa.). Lead counsel for all defendants in a $1.5 billion putative class action arising from alleged improper admission practices at more than 200 UHS-affiliated behavioral health facilities.  In August 2019, the district court granted our motion to dismiss, in a 93-page opinion.  Teamsters Local 456 Pension Fund v. Universal Health Services, 396 F. Supp. 3d 413 (E.D. Pa. 2019)

  • In re Plantronics, Inc. Securities Litigation, No. 4:19-cv-07481-JST (N.D. Cal.).  Lead counsel for all defendants in securities class action seeking hundreds of millions in damages, based upon allegations of illegal channel stuffing.  The district court granted our motion to dismiss.

  • Blue Flame Medical LLC v. Chain Bridge Bank, N.A., C.A. No. 1:20-cv-00658 (E.D. Va.).  Lead counsel for defendant bank and its senior officers in suit seeking more than $500 million in damages.  The case arises out of a canceled wire transfer from the State of California to an entity that had claimed it could supply California with 100 million N95 respirator masks.  In September 2021, the Eastern District of Virginia granted our motion for summary judgment in its entirety.

  • 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 trial court granted defendants’ motion to dismiss, in a 98-page opinion.  In re Universal Health Services, Inc., Derivative Litigation, 2019 WL 3886838 (E.D. Pa. Aug. 19, 2019)

  • Norfolk County Retirement System v. Community Health Systems, Inc., Consolidated C.A. No. 11-cv-00433 (M.D. Tenn.).  Lead counsel for all defendants in a putative class action seeking more than $1 billion in damages, based upon alleged misleading statements about CHS’s billing practices.  After years of litigation, we settled the case on favorable terms.

  • Zwick Partners et al. v. Quorum Health Corporation, et al., C.A. No. 3:16-cv-02475 (M.D. Tenn.).  Lead counsel for Community Health Systems defendants in a shareholder class action arising from CHS’s 2016 spinoff of Quorum Health Services.  We settled the case on favorable terms.

  • Carlyle Capital Corporation Ltd. v. William Elias Conway Jr. et al., Civ. No. 1510 (Royal Court of Guernsey).  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.

  • Garden City Employees’ Retirement System v. Psychiatric Solutions, Inc., No. 3:09-cv-00882-WJH (M.D. Tenn.) (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.)

  • Wu v. Stomber, et al, 750 F.3d 944 (D.C. Cir. 2014).  Lead counsel for former directors of a Carlyle-sponsored investment fund in defense of a putative class action seeking hundreds of millions in damages.  We obtained dismissal of the complaint at the pleading stage (Phelps v. Stomber, 883 F. Supp.2d 188 (D.D.C. 2012)), which was affirmed on appeal.

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

  • Scott, et al. v. City of New York, et al., Case No. 02-CV-9530 (S.D.N.Y.).  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 2021 – 2022

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 all defendants in a $1.5 billion putative class action arising from alleged improper admission practices at more than 200 UHS-affiliated behavioral health facilities.  In August 2019, the district court granted our motion to dismiss, in a 93-page opinion.  Teamsters Local 456 Pension Fund v. Universal Health Services, 396 F. Supp. 3d 413 (E.D. Pa. 2019)

  • In re Plantronics, Inc. Securities Litigation, No. 4:19-cv-07481-JST (N.D. Cal.).  Lead counsel for all defendants in securities class action seeking hundreds of millions in damages, based upon allegations of illegal channel stuffing.  The district court granted our motion to dismiss.

  • Blue Flame Medical LLC v. Chain Bridge Bank, N.A., C.A. No. 1:20-cv-00658 (E.D. Va.).  Lead counsel for defendant bank and its senior officers in suit seeking more than $500 million in damages.  The case arises out of a canceled wire transfer from the State of California to an entity that had claimed it could supply California with 100 million N95 respirator masks.  In September 2021, the Eastern District of Virginia granted our motion for summary judgment in its entirety.

  • 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 trial court granted defendants’ motion to dismiss, in a 98-page opinion.  In re Universal Health Services, Inc., Derivative Litigation, 2019 WL 3886838 (E.D. Pa. Aug. 19, 2019)

  • Norfolk County Retirement System v. Community Health Systems, Inc., Consolidated C.A. No. 11-cv-00433 (M.D. Tenn.).  Lead counsel for all defendants in a putative class action seeking more than $1 billion in damages, based upon alleged misleading statements about CHS’s billing practices.  After years of litigation, we settled the case on favorable terms.

  • Zwick Partners et al. v. Quorum Health Corporation, et al., C.A. No. 3:16-cv-02475 (M.D. Tenn.).  Lead counsel for Community Health Systems defendants in a shareholder class action arising from CHS’s 2016 spinoff of Quorum Health Services.  We settled the case on favorable terms.

  • Carlyle Capital Corporation Ltd. v. William Elias Conway Jr. et al., Civ. No. 1510 (Royal Court of Guernsey).  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.

  • Garden City Employees’ Retirement System v. Psychiatric Solutions, Inc., No. 3:09-cv-00882-WJH (M.D. Tenn.) (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.)

  • Wu v. Stomber, et al, 750 F.3d 944 (D.C. Cir. 2014).  Lead counsel for former directors of a Carlyle-sponsored investment fund in defense of a putative class action seeking hundreds of millions in damages.  We obtained dismissal of the complaint at the pleading stage (Phelps v. Stomber, 883 F. Supp.2d 188 (D.D.C. 2012)), which was affirmed on appeal.

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

  • Scott, et al. v. City of New York, et al., Case No. 02-CV-9530 (S.D.N.Y.).  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.