Gary Bendinger

Gary Bendinger

Partner
gbendinger@lrrc.com vCard
602.262.5353
201 East Washington Street
Suite 1200
Phoenix, AZ 85004

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. Gary 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. He is recognized for his extensive securities litigation practice, attracting particular praise for his handling of accountant liability disputes. Gary 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.

Gary has been recognized for more than 20 years in The Best Lawyers in America (Commercial Litigation and Professional Malpractice Law) and is recognized by Benchmark Litigation (Litigation Star, nationally in Securities and in New York). Gary is also recognized in Super Lawyers in the areas of Securities Litigation, Business Litigation and Antitrust Litigation.

*Not currently admitted in Arizona.

Memberships & Affiliations

  • American College of Trial Lawyers, Fellow
  • Litigation Counsel of America, Member
  • 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

  • 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. 
  • 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. 
  • 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.
  • 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.
  • In re Imergent Securities Litigation. 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.
  • 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.

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.

Distinctions

  • Chambers USA - Securities Litigation
  • Best Lawyers in America - Commercial Litigation and Professional Malpractice Law
  • Benchmark Litigation - National Litigation Star - Securities Litigation; Local Litigation Star (New York) - Securities Litigation
  • Super Lawyers - Securities Litigation, Business Litigation, and Antitrust Litigation

Other Info

Education

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

Bar Admissions

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