A former Assistant U.S. Attorney, Gary has more than 25 years of experience representing companies and individuals in complex business disputes and white collar criminal defense matters. He has tried more than 50 cases to a jury and has resolved commercial disputes in federal and state courts throughout the United States, including the Eastern District of Virginia (“Rocket Docket”). He also has substantial experience in arbitration and mediation proceedings involving AAA and JAMS.
Gary’s commercial disputes practice includes the representation of government contractors, technology companies, construction contractors, and manufacturers in matters involving problematic mergers and acquisitions, corporate governance and shareholder disputes, breach of contract, fraud and other business torts including tortious interference with contract, civil conspiracy, defamation and conversion, unfair competition, unfair and deceptive trade practices, RICO, trademark infringement and false advertising. These disputes have involved a wide range of subject areas including software, consumer goods, pharmaceuticals, professional services, telecommunications, energy and electronic health records.
Gary’s white collar criminal defense practice includes the representation of organizations and individuals in federal and state prosecutions, grand jury proceedings, criminal, inspector general and internal investigations.
Gary is AV- rated by Martindale-Hubbell. Additionally, Gary has served as a faculty member for the United States Attorney General’s Advocacy Institute, the National Institute for Trial Advocacy, the Georgetown University Law School’s Intensive Session in Trial Advocacy Skills, and the Widener University School of Law Intensive Trial Advocacy Program.
- Virginia State Bar Association (Litigation Section)
- District of Columbia Bar Association (Intellectual Property Law Section)
- Florida Bar Association
- Massachusetts Bar Association
- American Bar Association
Honors and Awards
Super Lawyers Honoree in Intellectual Property Litigation, Business Litigation, Virginia Super Lawyers magazine (Thomson Reuters), 2006 – 2007
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Obtained a $2 million jury verdict in favor of a limited liability company after a three week jury trial on a claim of fraud in connection with the acquisition of an electronic health records company.
- Obtained a $2.8 million bench verdict in favor of a limited liability company after a two week bench trial on a claim of breach of contract in connection with the acquisition of an electronic health records company; the verdict also discharged the company from liability in connection with a counterclaim seeking $2.1 million dollars in payments remaining under promissory notes.
- Obtained a complete defense verdict and recovery of attorneys’ fees in favor of a government contractor after a four day jury trial on claims of breach of contract and tortious interference with business expectancy in connection with the performance of a settlement agreement; plaintiff was seeking in excess of $4 million dollars in compensatory damages plus punitive damages and attorneys fees for an alleged failure to novate a government contract.
- Obtained a summary judgment award of $1.34 million dollars in favor of a construction contractor on a breach of contract claim relating to the construction of a mitigation bank in the Meadowlands of New Jersey; the court also awarded summary judgment in favor of the construction contractor on adverse claims for breach of contract and unlawful construction liens brought by the developer and lender.
- Represented a prime contractor in connection with a Department of Justice inquiry concerning false claims allegations.
- Represented the acquiring company in an arbitration proceeding involving a dispute over the application of an “earnout” provision in a stock purchase agreement governing the acquisition of a government contracting firm.
- Represented co-investors in a suit against the United States in the United States Court of Federal Claims to recover their reasonable and entire compensation in connection with the United States’ use, without a license, of their patented body armor invention pursuant to 28 U.S.C. Section 1498 (a).
- Represented a worldwide developer of energy projects in litigation involving claims of fraud and breach of contract in connection with the purchase and sale of exhaust stacks.
- Represented a major pharmaceutical company in three separate civil actions against mail-order pharmacies alleging claims of trademark infringement, counterfeiting and unfair competition in connection with the manufacture and sale of a prescription drug in violation of the United States Food, Drug and Cosmetic Act and the Lanham Act.
- Represented a major pharmaceutical company in litigation alleging false and misleading advertising claims in violation of Section 43(a) of the Lanham Act, 15 U.S.C Section 1125(a), relating to the advertising of antacid remedies.
- Represented a provider of electronic key control systems used by automobile dealerships in litigation involving claims of breach of contract, patent and trademark infringement and tortious interference with contract against a distributor.
- Represented a communications company in litigation involving breach of contract claims relating to the overseas manufacture of satellite receivers.
- Represented an individual in an arbitration proceeding involving wrongful termination of employment and breach of fiduciary duty claims in connection with the development of retirement inns.
- Represented a major printing company in litigation involving claims of fraud, tortious interference with contract and conversion.
- Represented a major blood serves organization in insurance coverage litigation concerning HIV related claims arising out of tainted blood transfusions.
- Represented a major chemical company in insurance coverage litigation concerning environment liability claims.
- Defended a federal government contractor in a federal grand jury investigation involving the alleged backdating of stock options by a company executive.
- Defended a former director of research for a major tobacco company in both civil and federal criminal proceedings involving allegations of fraud.
- Served as defense counsel for a former White House Travel Office employee in a federal grand jury investigation concerning allegations of financial irregularities in the office’s operations, otherwise known as “Travelgate,” prosecution was declined.
- Defended a former Smithsonian Institution employee in an inspector general investigation concerning the destruction of records.
- Defended two real estate developers in connection with a federal prosecution involving several counts of mail fraud in connection with the sale of fractional interests in a converted resort hotel.
- Represented a supplier of food products in responding to a federal grand jury subpoena issued in connection with a price fixing investigation.