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Gary D. Sesser

Gary D. Sesser



Gary D. Sesser

Partner
Co-chair, Litigation Department

2 Wall Street, New York, NY 10005
212-238-8820, Fax: 212-732-3232
sesser@clm.comDownload Vcard

Practice Description

Mr. Sesser has a diverse commercial litigation practice, with more than three decades of experience successfully litigating cases ranging from art law to antitrust, from maritime law to trusts & estates. He also has a stellar appellate record in complex and difficult cases, highlighted by his 2012 victory in the New York Court of Appeals in Mirvish v. Mott, a dispute over ownership of a monumental Jacques Lipchitz sculpture; his victory before the Third Circuit en banc in the Cybergenics case, involving the derivative right of a creditors committee to prosecute fraudulent transfer claims on behalf of a bankruptcy estate; and his 2010 win in the Second Circuit in Cohen v. Viray, 622 F.3d 188 (2d Cir. 2010), in which he persuaded the Court to overturn the settlement of a shareholders’ derivative suit by arguing that the indemnification of the company’s CEO and CFO was illegal under Section 304 of the Sarbanes-Oxley Act, an issue of first impression. Mr. Sesser regularly advises clients on corporate compliance issues, including the Foreign Corrupt Practices Act, and successfully assisted a shipping client in obtaining complete immunity from criminal prosecution for antitrust violations under the Justice Department’s Corporate Amnesty Program. Mr. Sesser is chair of the firm’s Ethics Committee and acts as a court-appointed mediator for the U.S. District Court for the Eastern District of New York. He is a Life Fellow of the American Bar Foundation, has received the highest ratings for professional competence and ethics from Martindale-Hubbell®, and has been recognized by Chambers USA, Super Lawyers and Best Lawyers in America.

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

Education

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

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