Gary D. Sesser
In 2013, won dismissal of two federal securities and commodities act lawsuits against a family of hedge funds and their advisors on the ground that the relevant transactions were not “domestic” in nature, even if the defendants were regulated entities located in the United States and there were other significant U.S. contacts. These two decisions – Starshinova v. Batratchenko, 931 F. Supp. 2d 478 (S.D.N.Y., 2013) (Judge Kimba M. Wood) and Loginovskaya v. Batratchenko, 936 F. Supp. 2d 357 (S.D.N.Y., 2013) (Judge J. Paul Oetken), redefine the applicability of federal commodities law to international financial transactions in light of the U.S. Supreme Court’s decision in Morrison v. Nat’l Austl. Bank, Ltd., 130 S.Ct. 2869 (2010). The Loginovskaya decision was affirmed by the Second Circuit in September 2014. Loginovskaya v. Batratchenko, 2014 WL 4358439 (2d Cir. 2014).
- In 2012, successfully persuaded the New York Court of Appeals to reverse a unanimous Appellate Division decision and to reinstate the judgment of the Surrogate’s Court awarding ownership of The Cry, a monumental Jacques Lipchitz sculpture, to our client, a Canadian art collector.
- In 2012, obtained summary judgment in favor of renowned artist Robert Indiana (creator of the iconic LOVE sculpture, among other important works), dismissing Lanham Act and contract claims against him arising out of an agreement to produce and sell artwork depicting the Hindi word for “love” written in a Hindi alphabet. In 2013, obtained dismissal of claims brought by a Monaco art dealer who purchased ten so-called “English Prem” sculptures, believing them to be works of Robert Indiana.
- On behalf of a dissenting shareholder, overturned the settlement of a shareholders derivative case by successfully arguing in the U.S. Court of Appeals for the Second Circuit that the company's proposed indemnification of its former CEO for his $186 million liability under Section 304 of Sarbanes-Oxley was unlawful, an issue of first impression decided in September 2010.
- Successfully argued en banc appeal before the U.S. Court of Appeals for the Third Circuit in the In Re Cybergenics case, involving the derivative right of a creditors committee to set aside fraudulent transfers on behalf of the bankruptcy estate.
- Provided expert testimony to the Competition tribunal in Peru on the Noerr-Pennington doctrine in support of our clients’ successful defense of antitrust claims relating to their operation of rail service to Machu Picchu.
- 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.
- B.A., 1972 Cornell University (magna cum laude)
- J.D., 1975 The University of Michigan Law School (cum laude)