Defense Verdict in Punitive Damages Only Case

In MGA Entertainment v. Clifford “T.I.” Harris, a high-profile case in the Central District of California filed by the rapper “TI,” a prior jury found for the plaintiffs on claims for trade dress infringement and misappropriation of name, image, and likeness and awarded actual damages of $17 million and punitive damages of $52 million. The court granted a new trial on punitive damages and Gary was hired by MGA Entertainment to defend it in a retrial of punitive damages.  After a seven-day jury trial in which the plaintiffs sought $125 million in punitive damages, the jury rendered a defense verdict and awarded no punitive damages.

$115 Million Fraudulent-Transfer Settlement

Served as lead counsel in Lattig v. 820 Management Trust, et al, representing the trustee in a fraudulent-transfer lawsuit in federal court in Las Vegas involving a $470 million dividend from the proceeds of a $560 million Credit-Suisse syndicated loan, which dividend was distributed to the owners of a master-planned golf course community in Henderson, Nevada known as Lake Las Vegas. This massive lawsuit involved more than twenty expert witnesses and resulted in a $115 million settlement for the plaintiffs.

$250 Million Xerox Antitrust Class Action Settlement

Represented a class of plaintiffs in R&D Business Systems v. Xerox, an antitrust action in the Eastern District of Texas involving alleged monopolistic conduct in the high-volume copier and printer market. A nationwide class was certified, and the case settled for a settlement valued at more than $250 million.

$30 Million Breach of Fiduciary Duty and Fraud Verdict

Represented the plaintiff, a real-estate development company, in a seven-week jury trial in state court in the Eastern District of Tennessee against an investment bank in Canyon Ridge Resort LLC et al. v. Sterne Agee & Leach Inc. et al. The case involved claims for fraud, breach of fiduciary duty and breach of contract relating to the development of a master-planned golf community and resulted in a judgment of more than $20 million in compensatory damages and more than $11 million in punitive damages.

$85 Million Municipal Tax Judgment

Served as lead counsel in City of San Antonio v. Hotels.com LP in the Western District of Texas, representing a certified class of more than 170 Texas municipalities in a four-week jury trial against online travel companies concerning unpaid transient occupancy taxes. The trial resulted in a judgment of approximately $85 million.

$50 Million Oil and Gas Royalty Settlement

Represented hundreds of royalty and overriding royalty owners in Feerer v. Amoco Production, a certified federal class action in the District of New Mexico alleging the underpayment of royalties in one of the world’s largest carbon dioxide gas units. The case settled for approximately $50 million in cash, along with substantial non-monetary relief involving changes to the defendants’ business practices.

Landmark Commercial Mortgage-Backed Securities Victory

Served as lead counsel representing the plaintiff, a Japanese financial institution, in LaSalle v. Nomura, an early landmark federal case in the Southern District of New York involving significant issues in the commercial mortgage-backed securities industry. Following a favorable Second Circuit opinion, Nomura settled the matter by paying Gary’s client more than $67 million.

Antitrust Settlement Involving U.S. Supreme Court Arbitration Proceedings

Served as lead counsel for a dental distributor asserting price-fixing and group-boycott claims in Archer Dental v. Schein et al.in the Eastern District of Texas, a case that appeared before the U.S. Supreme Court twice concerning novel arbitration issues. Following favorable summary-judgment and Daubert rulings and a favorable arbitration ruling by the U.S. Supreme Court, the parties entered a confidential settlement on the eve of trial.

Plaintiff Verdict on Behalf of Retired Sales Distributors

Served as lead counsel in Hess v. Biomet, Inc. representing a group of retired medical-device salesman in breach-of-contract claims against Biomet Inc. in the Northern District of Indiana for underpaying plaintiffs on their retirement commissions for more than twenty years. Following a six-day trial, the jury awarded more than $7 million in damages, which verdict was affirmed on appeal by the Seventh Circuit.

Plaintiff Verdict on Behalf of Computer Software Company

Served as lead counsel in OSHGD LLC v. Nomi Health, Inc. representing a computer software company in state court in Dallas, Texas for a claim for breach of a software license agreement used in Covid-19 testing. The jury returned a verdict for the plaintiff for $4 million, which verdict also led to the confidential settlement of a larger copyright infringement lawsuit filed by OSGHC against Nomi Health in Dallas federal court.

$15 Million Copyright Arbitration Award

Served as lead counsel for the plaintiff photographer in Osram Sylvania, Inc. v. Photographic Illustrators Corp., a copyright infringement and breach of contract arbitration that lasted twelve days and resulted in an arbitration award of $15 million.

Consumer-Product Copyright Litigation Settlement

Served as lead counsel for the plaintiff photographer in Navarro Photography LLC v. Procter & Gamble, a significant copyright infringement case in the Southern District of Ohio involving novel issues related to the use of photographs on consumer-product packaging that resulted in a confidential settlement after prevailing on summary judgment and Daubert motions.

$75 Million Landmark Hawaii Tax Judgments

Served as lead counsel for the State of Hawaii in two tax cases against online travel companies involving hotel occupancy and general excise taxes styled In re Tax Appeal of Travelocity.com and rental car taxes in In re Tax Appeal of Priceline.com. The cases resulted in judgments totaling approximately $75 million and a landmark decision from the Hawaii Supreme Court establishing that the companies’ internet-based activities subjected them to jurisdiction in Hawaii for purposes of the general excise tax, where Gary argued both appeals before the Hawaii Supreme Court.

Delaware Chancery Merger Trial Victory

Successfully defended Holly Corporation in litigation arising from the collapse of a $450 million proposed merger with Frontier Oil Corporation. Frontier sued Holly for more than $160 million in asserting that Holly had anticipatorily repudiated the agreement. Following a two-week trial, the Delaware Court of Chancery entered a take-nothing judgment in Holly’s favor and found that Frontier, not Holly, had repudiated the agreement.

Kodak Antitrust Class Action Settlement

Represented a class of copier service firms in Kopies, Inc. v. Eastman Kodak Company, an antitrust action in the Northern District of California involving alleged tying arrangements in the high-volume copier market. Following certification of a nationwide class, the case settled for $45 million plus substantial non-monetary relief.

Dallas Cowboys Bondholder Class Action Settlement

Served as lead counsel for a class of Dallas Cowboys bondholders in Kerr v. Jones, a dispute in state court in Dallas County involving alleged breaches of a bond ordinance used to finance the construction of Texas Stadium. The class was certified, and the defendants agreed to the equitable relief sought by the plaintiffs on the eve of trial.

$50 Million Summary Jury Trade Secret Verdict

Served as lead counsel for a software company in Innovative Business Solutions v. Westinghouse, a breach of contract and trade secret dispute in state court in Dallas County involving the security alarm industry. Following a $50 million summary jury verdict, the case settled on favorable terms.

Multimillion-Dollar Franchise Trial Victory

Represented the plaintiff in Dr Pepper Bottling Company of Texas v. Del Monte Corporation in the Northern District of Texas involving the alleged breach of a franchise agreement. Following a two-week trial, the jury returned a multimillion-dollar judgment in favor of Dr Pepper.

Successful Defense of a $500 Million Private Equity Merger Dispute

In Coho Energy, Inc. v. Hicks, Muse, Tate & Furst filed in the Northern District of Texas, successfully represented the defendant against a $500 million claim arising from a failed proposed merger. After Gary successfully argued a summary judgment motion that resulted in dismissal of the plaintiff’s primary damages claims, the case settled for less than two percent of the amount of claimed damages.

Admissions 

• Texas 
• U.S. District Court, Northern District of Texas 
• U.S. District Court, Eastern District of Texas 
• U.S. District Court, Southern District of Texas 
• U.S. District Court, Western District of Texas 
• U.S. District Court, District of Colorado 
• U.S. Court of Appeals for the Fifth Circuit 
• U.S. Court of Appeals for the Tenth Circuit 
• United States Supreme Court

Education 

• University of Tennessee College of Law (J.D., with high honors, 1987) 
  • Order of the Coif 
  • Law Review, Associate Editor 
• University of Pittsburgh (B.A., Economics and Business Administration, 1982) 

Bylines 

• “Emerging Issues under the Payroll Protection Loan Program for Lawyers and Small Businesses,” co-author with Gayle Klein, Lewis LeClair, Michael Fritz and Steve Wolens, April 7, 2020 
• “Municipal Hotel Occupancy Tax Litigation Against Online Travel Companies,” Municipal Lawyer, July 1, 2007 

Presentations 

• Trade Secrets, Restrictive Covenants, & Cybersecurity Conference, speaker, January 17, 2024 

• Lawdragon 500, Leading Lawyers in America, Litigation, 2026 
• Lawdragon 500, Leading Litigators in America, Complex Commercial Litigation, 2022, 2026 
• Lawdragon 500, Leading Plaintiff Financial Lawyers, Commercial Litigation, 2019 – 2026 
• Chambers USA, Band 3, Litigation: General Commercial, Texas, 2026 
• Chambers USA, Band 4, Litigation: General Commercial, Texas, 2022 – 2025 
• The Best Lawyers in America, Commercial Litigation; Litigation – Intellectual Property; Litigation – Mergers and Acquisitions; Litigation – Securities, 2008 – 2027 
• The Best Lawyers in America, Lawyer of the Year, Litigation – Mergers and Acquisitions, Dallas, 2026 
• Benchmark Litigation, Litigation Star, Commercial and Intellectual Property, 2025 – 2026 
• The Legal 500 United States, Tier 1, Dallas Commercial Disputes, 2025 – 2026 

• State Bar of Texas 
• Dallas Bar Association 
• Fifth Circuit Bar Association 
• Texas General Counsel Forum, Chapter Board Director