Gary Bendinger

Gary thrives in the courtroom, shaping compelling arguments to achieve positive outcomes for his clients.

Gary Bendinger has devoted more than 40 years to complex commercial litigation in courts across the nation involving many different substantive areas of law and involving billions of dollars in damages claims. He has tried antitrust, securities, breach of contract, professional malpractice, breach of fiduciary duty, and other complex commercial litigation matters. He has been brought in as lead trial counsel on matters in a variety of jurisdictions, including California, New York, Alaska, Massachusetts, and Washington, D.C.

Gary is recognized for his extensive securities litigation practice, attracting particular praise for his handling of accountant liability disputes. He is a fellow in the American College of Trial Lawyers, a member in the Litigation Counsel of America, and a member in America's Top 100 High Stakes Litigators.

Personal Approach

Gary takes the time to understand the issues keeping his clients up at night. He does his own due diligence on all aspects of the issue and provides solutions to advance his client’s business goals. This personal attention, coupled with his proactive thinking, facilitates strong relationships.

A former collegiate athlete, Gary enjoys competition in any arena, making the intense courtroom environment a natural fit for him. He is a skilled communicator who understands the nuances of any situation and can adjust accordingly to get results.

Gary didn’t consider a career in law until a college professor suggested it. It turned out to be an ideal fit, and he has spent his career practicing law on both the East and West Coast. Now that he is back in a sunny climate, he takes any opportunity he can to get in a round of golf.

More About Gary Bendinger

Education

• J.D., cum laude, University of San Francisco School of Law, 1975
• B.A., cum laude, Hastings College, 1972

Bar Admissions

• Arizona, 2020
• New York, 2006
• Utah, 1975

Court Admissions

• U.S. Supreme Court
• 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

Community

• American College of Trial Lawyers, Fellow
• Litigation Counsel of America, Fellow
• America's Top 100 High Stakes Litigators, Member, Bet-the-Company Litigation, High Stakes Litigation, Professional Liability Litigation, Securities Litigation
• Complex Commercial Litigation Institute, Litigation and Antitrust Sections
• American Bar Association, Litigation Section Publications, Arbitration Committee of CPR and Banking and Financial Services Committee of CPR

Representative Matters

Securities Litigation

• 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 the client on all claims. 
• In re Imergent Lead Counsel for Grant Thornton in defense of a purported securities class action; prevailed on a motion to dismiss all claims, which was affirmed on appeal to the Tenth Circuit.
• Peshkin v. Tremont. Lead counsel for a Big 4 accounting firm with respect to Madoff-related claims; prevailed on a motion to dismiss all claims, which was affirmed on appeal to the Second Circuit.
• TierOne Bank. Lead counsel for a corporate client and individuals in a putative securities fraud class action arising out of the credit crisis; prevailed on a motion to dismiss.

Antitrust Litigation

• King & King Enterprises. Obtained jury verdict for plaintiff against an oil company on claims of price fixing under the Sherman Act. The Tenth Circuit affirmed the trial verdict on appeal, and certiorari was denied.
• Intermountain Healthcare. Obtained summary judgment for hospital in two matters on claims brought under the Sherman Act. The Tenth Circuit affirmed the grant of summary judgment in both matters.
• Carter Reed. Defended various false advertising and consumer fraud class actions in California, Utah, and New Jersey.

Fraud and Professional Malpractice Litigation

• Lead counsel on retrial in a breach of fiduciary duty, breach of contract, and negligence matter in federal court in Massachusetts. 
• Kevin Hall and Rosemary Meyer. Lead counsel for one of two individual auditors in an administrative action brought by the SEC claiming unprofessional conduct. After a two-week trial, the Administrative Law Judge (ALJ) dismissed all charges. On appeal, the Commission issued a decision agreeing with the ALJ for the dismissal of all charges. 

• In addition to his extensive trial experience, Gary 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.

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