Mr Gary F Bendinger

1975, Utah
2006, New York
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
U.S. District Court, District of Utah
U.S. Supreme Court
2006, New York
1975, Utah
2020, Arizona

in the American College of Trial Lawyers, has been recognized for 10 years in Best Lawyers in America (in Business Litigation), and is recognized by Chambers USA and Benchmark Litigation in the area of business litigation.

Mr. Bendinger has substantial trial experience and has been brought in as lead trial counsel in matters in many jurisdictions, including California, New York and Washington DC. He has tried antitrust, securities and other complex commercial litigation matters in numerous courts. Among his successes, he was hired to act as lead trial counsel in a significant securities case after it had been litigated by another firm for a number of years. Following completion of a five-week trial, judgment was entered in favor of Mr. Bendinger's client on all claims. Mr. Bendinger also recently successfully defeated claims brought by the SEC following a two-week trial before an Administrative Law Judge.

In addition to his extensive trial experience, Mr. Bendinger has served as lead counsel in numerous antitrust, securities, fraud, breach of contract, consumer fraud class actions and intellectual property cases involving billions of dollars in damage claims in federal and state courts. Mr. Bendinger also represents clients in regulatory matters and investigations by the SEC, the Department of Justice, the Public Company Accounting Oversight Board and various state boards.

"I needed a firm with global resources and one that was recognized as a preeminent firm of trial lawyers. Howrey met both and I couldn't be happier with my selection."

Representative Highlights

· Peshkin v. Tremont. Lead trial counsel for audit firm.

· Kirchner v. KPMG. Lead trial counsel for audit firm regarding claims brought by litigation trustee of Refco.

· Melissa Lee v. Carter-Reed LLC, et al. Lead trial counsel for Carter-Reed in class action alleging numerous consumer claims under New Jersey state law. Successfully opposed class certification in the lower court and on appeal.

· Forlenza, et. al v. Dynakor Pharmacal, LLC. Lead counsel for most defendants in a purported class action alleging violation of the California Consumers Legal Remedies Act, California Business and Professions Code, common law fraud and other asserted claims.

· Accounting Firm Jury Trial. After a six-week trial on claims brought by a trustee against our client, a major accounting firm, judgment was entered in favor of client on all claims.

· In the Matter of Kevin Hall and Rosemary Meyer. The SEC brought an administrative action against two auditors claiming unprofessional conduct. After a two-week trial, the ALJ found that both auditors had complied with professional standards.

· King & King Enterprises v. Champlin Petroleum Company. Represented plaintiff in a price-fixing antitrust suit against Champlin. After a multi-week trial, the jury returned a verdict awarding more damages that had been requested. The Tenth Circuit affirmed and certiorari was denied. In addition to the result itself, this case is significant because the court found-and the Tenth Circuit affirmed-that as a matter of law the defendant had fraudulently concealed their unlawful conduct.

· SCFC LLC v. Visa USA. Represented SCFC in antitrust action against Visa USA.

· Semegan v. Haymond. Represented KPMG in a securities fraud suit. The US District Court for the District of Arizona dismissed securities claims against KPMG. The Ninth Circuit affirmed the dismissal on the basis that the securities claims had not been pled with sufficient particularity. For a number of years this became the seminal authority for pleading particularity in securities fraud litigation.

· In re Imergent Securities Litigation. Lead trial counsel for Grant Thornton in defense of a purported securities class action.

· Melissa Lee v. Carter-Reed LLC, et al. Defended Carter-Reed in class action alleging numerous consumer claims under New Jersey state law. Successfully opposed class certification. Mr. Bendinger argued the class certification motion and is lead trial counsel in this matter. Mr. Bendinger recently argued the appeal from denial of class certification, which has gained substantial attention within New Jersey. A number of amicus briefs have been filed on appeal.

· Vitesse Semiconductor Corporation v. KPMG LLP. Mr. Bendinger is lead trial counsel for KPMG LLP in this matter which will be arbitrated in Los Angeles, California.

Professional Affiliations

· American College of Trial Lawyers, Fellow

· American Bar Association, Member, Litigation and Antitrust Sections

· ABA - Litigation Section, Member

Member: American Bar Association (Member, Litigation and Antitrust Sections). Fellow: American College of Trial Lawyers.