Gerry Pecht is Global Head of Dispute Resolution and Litigation, the US Co-Head of Regulations, Investigations, Securities and Compliance and the US Head of Energy, Commodities and Derivatives.
Gerry concentrates his practice in the area of complex business and commercial litigation, including securities litigation and enforcement, energy litigation, internal corporate investigations and international litigation and arbitration. Gerry regularly represents Fortune 500 companies and their officers and directors.
Litigation Experience: Gerry has extensive experience litigating in federal and state court and before arbitration panels, having tried over 30 matters to judgment. He has also argued appeals before the United States Courts of Appeal of the Second, Fifth, Tenth and Eleventh Circuits as well as the appellate courts of Texas.
Gerry's litigation practice includes defending a large number of class actions, as well as shareholder derivative actions and a wide range of claims against corporations, underwriters, officers and directors. He has also represented companies in litigation over corporate control, including hostile tender offers and proxy solicitations.
Gerry also has represented corporations as plaintiffs and has recovered on their behalf millions of dollars in judgments, settlements, mediations and arbitrations.
Enforcement Experience: Gerry has considerable enforcement experience, which includes representing both companies and individuals in cases and investigations involving FCPA, disclosures, insider trading, market manipulation, accounting controls, and use of promotors. He has also represented companies, officers, and directors in inquires and investigations by the Securities and Exchange Commission (SEC), The Financial Industry Regulatory Authority (FINRA) and the Texas State Securities Board (TSSB). He has litigated cases against the SEC, before Administrative Law Judges and in federal courts.
Internal Corporate Investigations: Drawing on decades of experience representing issuers, officers and directors before the SEC, NASD, NYSE and in securities and derivative litigation, Gerry regularly represents the board, audit committees, special litigation committees and other committees of the board in internal investigations. His internal corporate investigations have involved a wide range of issues, including:
alleged foreign corrupt practices
transactions with sanctioned countries
related party transactions
improper revenue recognition and financial disclosures
conflicts of interest
officer and director breaches of fiduciary and other duties
Gerry has represented multinational companies in internal corporate investigations that have spanned the globe. He has experience in working with forensic experts, auditors, insurers, company counsel, public relations firms and regulators in connection with these investigations and he has expertise in assessing liability, fashioning disclosures, structuring remedial measures and devising corporate compliance programs. Gerry has handled corporate investigations for companies and board committees in industries such as software, oilfield service and supply, international construction, energy and medical services. In these investigations, Gerry regularly deals with US Attorneys, SEC, DOJ, Department of Commerce and Department of the Treasury.
Mergers, Acquisitions, Going-Private Transactions and Proxy Contests: Gerry represents companies, directors, officers, private equity firms and investment banks in litigation arising out of mergers, acquisitions, going-private transactions and proxy contests.
Bond and Noteholder Litigation: Gerry represents indenture trustees, bond holders and issuers in litigation arising from the issuance, non-compliance and default on bond and other debt instruments.
Bankruptcy Adversary Proceedings: Gerry has handled some of the largest adversary proceedings in the country involving allegations of fraudulent transfer, breach of fiduciary duty, and fraud.
Shareholder Activism: Gerry regularly represents companies in response to shareholder activism and proxy contests.