Gerry Pecht, a partner in Fulbright & Jaworski L.L.P.'s Houston and Dallas locations, practices in the firm's Litigation Section.  He concentrates his practice in the area of complex business and commercial litigation, including securities litigation and enforcement, antitrust, energy litigation, internal corporate investigations and international litigation and arbitration.  Gerry regularly represents Fortune 500 companies as well as investment banking firms and their officers and directors.

Gerry is Chair of Fulbright's Securities Litigation and Enforcement Group, and is Co-Chair of the Corporate Governance Group. 

Litigation Experience:  Gerry has extensive experience litigating in federal and state court and before arbitration panels, having tried over 30 matters to judgment.  He has also argued appeals before the United States Courts of Appeal of the Fifth, Tenth and Eleventh Circuits as well as the appellate courts of Texas.

Gerry's litigation practice includes defending a large number of class actions, as well as shareholder derivative actions and a wide range of claims against corporations, underwriters, officers and directors.  He has also represented companies in litigation over corporate control, including hostile tender offers and proxy solicitations.

Gerry also has represented corporations as plaintiffs and has recovered on their behalf millions of dollars in judgments, settlements, mediations and arbitrations.

Enforcement Experience:  Gerry has considerable enforcement experience, which includes representing both companies and individuals in insider trading, market manipulation and accounting irregularities cases and internal investigations.  He has also represented issuers, officers, and directors in inquires and investigations by the Securities and Exchange Commission ("SEC"), New York Stock Exchange ("NYSE"), The National Association of Securities Dealers ("NASD") and the Texas State Securities Board ("TSSB").

Internal Corporate Investigations:   Drawing on decades of experience representing issuers, officers and directors before the SEC, NASD, NYSE and in securities and derivative litigation, Gerry regularly represents the board, audit committees, special litigation committees and other committees of the board in internal investigations. His internal corporate investigations have involved a wide range of issues, including:

• alleged foreign corrupt practices
• transactions with sanctioned countries
• related party transactions
• improper revenue recognition and financial disclosures
• whistleblower claims
• conflicts of interest
• corporate malfeasance
• officer and director breaches of fiduciary and other duties.

Gerry has represented multinational companies in internal corporate investigations that have spanned the globe.  He has experience in working with forensic experts, auditors, insurers, company counsel, public relations firms and regulators in connection with these investigations and he has expertise in assessing liability, fashioning disclosures, structuring remedial measures and devising corporate compliance programs.  Gerry has handled corporate investigations for companies and board committees in industries such as software, international construction, energy and medical services.  In these investigations, Gerry regularly deals with U.S. Attorneys, SEC, DOJ, Department of Commerce and Department of the Treasury.

Options Backdating:   Gerry represents companies, directors and officers in litigation and SEC and DOJ investigations involving the alleged backdating and springloading of stock option grants.  In that regard, he has worked closely with Audit Committees and Special Litigation Committees.  Gerry also has represented special committees in connection with allegations of options backdating. 

Mergers, Acquisitions, Going-Private Transactions and Proxy Contests:   Gerry represents companies, directors, officers, private equity firms and investment banks in litigation arising out of mergers, acquisitions, going-private transactions and proxy contests.  

Bond and Noteholder Litigation:  Gerry represents indenture trustees, bond holders and issuers in litigation arising from the issuance, non-compliance and default on bond and other debt instruments.

Recent and notable work as lead counsel:

• Defeated class certification in federal Investment Advisers Act class action lawsuit against leading Wall Street investment management firm involving allegations of undisclosed amounts of markups and markdowns on bond transactions.
• Obtained dismissal of a shareholder class action suit seeking to enjoin a $45 billion going private transaction, the largest in history.
• Obtained denial of a preliminary injunction seeking to prevent acceleration of $400 million of senior notes in default.
• Obtained complete dismissal of all derivative and securities class cases against a pharmaceutical company whose stock declined when it failed to obtain FDA approval of a particular drug.
• Obtained dismissal with prejudice of antitrust, patent, trade secret and contract claims involving oil country tubular goods and drill pipe.
• Obtained denial of injunctive relief and complete dismissal of class and derivative suits, seeking to enjoin a $1 billion transaction.
• Representing major medical device manufacturer in a class action lawsuit alleging breach of fiduciary duties in connection with a going-private transaction.
• Successfully recovered $4 million on behalf of a company for theft of trade secrets.
• Representing issuers, directors, officers and employees in options backdating and springloading litigation, including representation of a Fortune 250 company.
• Obtained a complete dismissal with prejudice of a securities fraud class action filed against a Fortune 250 company in connection with a $1.4 billion self tender.
• Successfully defended class action and shareholder derivative action contesting a $1.1 billion merger.
• Derailed a federal securities fraud class action after demonstrating that the putative lead plaintiffs and their counsel did not satisfy the PSLRA's lead plaintiff requirements.
• Successfully defended over 30 broker-dealers in a Section 10(b) fraud and market manipulation case involving alleged "naked shorts," in which the court dismissed the entire case with prejudice.
• Obtained dismissal of a federal securities class action complaint against a Fortune 150 refiner.
• Defeated a motion for class certification in a federal securities fraud case against an internet access provider, its officers and directors.
• Obtained dismissal with prejudice of a qui tam action for a Fortune 150 pipeline company.
• Represented significant investor in proxy contest resulting in replacement of the entire Board of Directors.
• Successfully represented a national lender in recovering $400 million from a borrower.
• Represented a Fortune 500 drilling company in antitrust class action alleging wage fixing.
• Obtained dismissal for a Fortune 200 energy company in industry-wide class action and qui tam lawsuits.
• Representation of a national insurance carrier in class actions and governmental actions regarding premiums and fees.
• Obtained dismissal with prejudice of securities class action case against investment banking firms in securities class action involving securities offerings by an entertainment company.
• Obtained dismissal of a large energy producer in a Delaware lawsuit alleging breach of fiduciary duty resulting from spin-off.
• Having served at the request of the SEC and upon appointment by the court as receiver: (a) of international brokerage firm with $130 million in assets under management, (b) as a distributor of funds collected by the SEC in insider trading actions, and (c) of a local brokerage firm involved in the defrauding of investors.
• Serving as the regional outside counsel to a Fortune 200 energy company.

• American Bar Association
• Texas Bar Foundation, Fellow
• State Bar of Texas - Antitrust and Business Litigation Section
• Houston Bar Association, Life Fellow
• Founding member of Houston Chapter of KPMG Audit Committee Institute

• "100 Lawyers You Need to Know in Securities Litigation," Lawdragon (2008)
• "Best Lawyers in America," commercial litigation and corporate governance and compliance law (2008)
• "Texas Super Lawyer," commercial and securities litigation, Law & Politics Magazine (2003, 2006, 2007, 2008)
• Chambers USA, America's Leading Business Lawyers, Energy and Natural Resources (2005, 2006, 2007)

Gerry writes and speaks frequently, primarily on issues concerning securities litigation, energy litigation, audit committees, business litigation, corporate compliance, dealing with analysts, insider trading, SEC enforcement actions and class actions.  

A representative list of his publications includes:

• Co-authored with Peter Stokes, "Securities Plaintiffs Face Tough Sledding After Tellabs," Financial Services Law360 and Securities Law360, June 27, 2008
• Co-authored with Peter Stokes, "Closing Down “Litigation Kennels”: The Problem of Professional Plaintiffs In Merger-Related Stockholder Lawsuits," Fulbright & Jaworski L.L.P. Client Briefing, April 2008
• Co-authored with Daniel Pirolo, "Fulbright & Jaworski L.L.P. Forms Auction-Rate Securities Taskforce," Fulbright & Jaworski L.L.P. Client Briefing, April 2008
• Co-authored with Mark Oakes, "M&A  Reverse Breakup Litigation," Securities Law360 and Competition Law360, February 25, 2008
• Co-authored with Ellen Sessions, Anne Rodgers, Daniel Pirolo and Peter Stokes, "Supreme Court Curbs “Scheme Liability” Lawsuits," Fulbright & Jaworski L.L.P. Client Briefing, January 2008
• Co-authored with Darryl Anderson, Daniel Pirolo and Peter Stokes, "Supreme Court Endorses Rigorous Pleading Requirements For Securities Fraud Claims," Fulbright & Jaworski L.L.P. Client Alert, June 2007
• "Fifth Circuit Securities Update," Texas Business Litigation, Summer 2007, Summer 2006, Summer 2005, Summer 2004, Summer 2003 , Summer 2002, Summer 2001, Summer 1997, Summer 1996
• "Trends in Energy Litigation," Oil, Gas and Energy Resources Law: Section Report, Volume 27, Number 2, December 2002
• "Securities Litigation: Standard for Scienter," The National Law Journal, December 3, 2001
• "The Fifth Circuit Speaks: Pleading Securities Fraud Claims Under the Private Securities Litigation Reform Act of 1995," Securities Litigation Alert, October 12, 2001
• "Defending Institutional Parties in Civil Litigation Arising from Investigations of Scientific Misconduct," Copyright 1999

• "Explaining the Audit Committee's Role in IT Governance," KPMG Audit Committee Institute, Houston, Texas, June 2007
• "Structuring and Protecting Going Private Transactions,"  Fulbright & Jaworski L.L.P. Seminar Series, Houston and Dallas, Texas, April 2007
• "How It All Fits Together - Communication and Coordination with the Board and Other Committees," KPMG Audit Committee Institute, November 2006 
• "Stock Option Backdating: Enforcement and Litigation," Sandpiper Partners LLC seminar, Houston, Texas, November 29, 2006
• Presenter and Co-Author of "Shareholder Litigation in Texas: A Defendants' Perspective," 4th Annual Advanced Business Law Course, State Bar of Texas, Houston, Texas, October, 26-27, 2006
• "Is Sarbanes-Oxley Working?," Inns of Court, January 10, 2006
• "Enhancing Oversight of Internal Control Over Financial Reporting: Understanding Challenges, Exploring Value," KPMG Audit Committee Institute, May 10, 2005
• "Exploring Expectations of Audit Committee Effectiveness," KPMG Audit Committee Institute, December 8, 2004
• "Securities Law Consequences of Improper Reserve Reporting and Booking: Where the Securities Law and the Reporting and Booking of Reserves Intersect," Professional Development Institute, October 29, 2004
• "A Litigator’s Perspective on Sarbanes-Oxley," KPMG Audit Committee Institute, July 16, 2003
• "The Civil Litigation Impact of Sarbanes-Oxley," KPMG Audit Committee Institute, January 16, 2003
• "Public Companies and the Internet," Legal Forum, Fall 2001
• "Director and Officer Liability in a Declining Economy: Holes in the Safety Net," KPMG Audit Committee Institute, May 22, 2001
• "Securities Analysts and Insider Trading: What You Can and Can't Do and Say," Legal Forum, June 15, 2000
• "Earnings Management," KPMG Audit Committee Institute, November 4, 1999
• "Deals, Documentation & Litigation: A Practical Overview," Colony Capitol, Incorporated,  August 17, 1998
• "Recent Developments in Insider Trading," The Dallas Bar Association, February 23, 1998

1978 - J.D., with honors, University of Cincinnati
1975 - B.A., Honors, English, Georgetown University

Prior to joining the firm, Gerry served as a law clerk for the Honorable Carl Rubin, Chief Judge of the United States District Court, Southern District of Ohio.  He was admitted to the Ohio State Bar in 1978 and the State Bar of Texas in 1980.  He has since been admitted to practice in the U.S. District Courts for the Northern, Southern and Eastern District of Texas, the District of Arizona, the District of Colorado and the Southern District of Ohio, as well as the U.S. Courts of Appeals for the Second, Fifth, Sixth, Ninth, Tenth and Eleventh Circuits and the Federal Circuit.

• Houston Zoological Society, past member of the Board of Directors