Home Print E-mail
Gary D. Sesser

Gary D. Sesser

Partner
Chair, Ethics Committee

Wall Street Office
2 Wall Street
New York, NY 10005
sesser@clm.com
phone: 212-238-8820
fax: 212-732-3232 download v-card

Practice Areas

Litigation, Antitrust, Art Law, Bankruptcy, Maritime, Insolvency and Creditors' Rights, Internal Investigations and White-Collar Defense

Practice Description

Commercial Litigation, Antitrust, Art Law, Estate Litigation, Maritime Law.

Education

  • B.A., 1972 Cornell University (magna cum laude)
  • J.D., 1975 The University of Michigan Law School (cum laude)

Admissions

  • 1975 Massachusetts
  • 1977 New York
  • 1980 District of Columbia

Affiliations

  • American Bar Foundation (Fellow)
  • The Association of the Bar of the City of New York
  • Federal Bar Council
  • Maritime Law Association
  • American Bar Association

Publications Available on this website...

"U.S. Department of Justice Analysis of Single-Firm Conduct," Client Advisory, September 9, 2008; "United States Antitrust Guidelines," Client Advisory, February 2008; "Supreme Court Validates Use of Broad U.S. Discovery in Aid of Foreign Proceedings," Client Advisory, June 22, 2004; "Creditors' Committee Prosecution of Avoidance Claims After Cybergenics: A Remedy But Not a Right," Journal of Bankruptcy Law and Practice, April 2004

Additional Publications

"Persuasive Brief Writing," The Practical Litigator 17, 1990; "Just Who's In Charge Here," Across The Board, July/August 1991; "Choice of Law, Forum Selection, and Arbitration Clauses In International Contracts: The Promise and The Reality," 20 International Business Lawyer 397, September 1992; "Internal Investigations and Professional Responsibility," 2 The Metropolitan Corporate Counsel 10, August 1994 (co-authored); "Mediation Madness," 2 The Metropolitan Corporate Counsel 15, August 1994; "Airline Deregulation: Lessons From The U.S. Experience," speech delivered at the 24th Biennial Conference of the International Bar Association, Cannes, France, Sept. 1992; reported in 63 BNA Antitrust & Trade Regulation Reporter 637, 639, 1992.

Illustrative Matters


  • Successfully argued en banc appeal before the U.S. Court of Appeals for the Third Circuit in the In re Cybergenics Corporation case, involving the derivative right of a creditors committee to set aside fraudulent transfers on behalf of the bankruptcy estate.
  • Led an internal investigation of antitrust violations in the parcel tanker industry. Worked with co-counsel to secure complete immunity from criminal prosecution for the client and its executives under the Justice Department's Corporate Leniency Program.
  • Prosecuted fraudulent transfer and veil piercing claims on behalf of a major Japanese insurance company to recover in excess of $40 million lost in connection with the client’s reinsurance of a financial guarantee.
  • Defended clients in a variety of industries in treble damage and class action antitrust litigations as well as civil investigations by the Justice Department's Antitrust Division.
  • Represent estates, art galleries, collectors, authentication boards, and art dealers in litigated disputes relating to authenticity, value, and ownership of works of art.
  • Advise clients on corporate compliance issues, including antitrust, legal ethics, Foreign Corrupt Practices Act, anti-boycott and trade sanctions legislation.
  • As trial counsel for a major Norwegian shipowner, attached $21 million of real estate by piercing the corporate veil of 39 commonly-owned companies in order to secure a claim for breach of three oil tanker charter parties.
  • Represented a Polish bank in an action against U.S. drawee and depositary banks for certification and payment of a multi-million dollar check over a forged endorsement; during the course of the litigation, successfully located the forger, assisted in his prosecution and conviction, and recovered 85% of the proceeds for the client through civil forfeiture proceedings.