Jessie Gabriel is a sharp and experienced litigator in the fields of securities litigation and class actions. She also counsels high-tech and energy companies faced with unfair competition and securities claims. Jessie takes a holistic approach to her practice by providing her clients with top-notch litigation skills, and by working closely with her colleagues in BakerHostetler’s Securities, Corporate Governance, and Data Privacy groups to help anticipate and prevent issues that can lead to securities litigation. She speaks regularly on the changing landscape of securities litigation and how it is increasingly intersecting with other fields of law. Jessie is co-chair of the M&A/Proxy Litigation Subcommittee of the ABA's Securities Litigation Committee and was appointed to the Administrative Law Committee of the New York City Bar Association.
Jessie believes that management skills are just as important as substantive legal knowledge. Drawing from her previous career in economics, she demands strong project management and efficient, cost-effective utilization of resources in all of her cases. Jessie has a natural ability to execute a legal strategy while coordinating large teams of attorneys and outside vendors, most notably in her representation of Irving H. Picard, the Trustee for the global liquidation of Bernard L. Madoff Investment Securities LLC. She has managed the Trustee’s claims against Madoff’s largest hedge fund investor and his primary banker. Jessie co-chairs the Women’s Steering Committee for the New York office.
Experience Securities Litigation
- Defending a public service provider in New York federal court against claims under sections 10(b) and 20(a) of the Securities Exchange Act of 1934 related to financial disclosures and statements regarding the company’s office culture, brought as a class action on behalf of the company’s shareholders.
- Representing a Fortune 500 Texas-based oil and gas company in New York federal court against claims under section 11 of the Securities Act of 1933 and section 14(a) of the Securities Exchange Act of 1934 related to a merger. The case involves matters of first impression under class action and securities laws that Jessie argued before the Second Circuit. Twice successfully dismissed section 14 claims brought by separate plaintiffs.
- Defending the founder and former CEO of a Texas-based energy company against a securities fraud class action brought in Texas federal court, under sections 10(b) and 20(a), arising out of an earnings restatement.
- Involved in representing Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler's role as court-appointed counsel.
- In a securities fraud class action in New Jersey federal court, represented a Fortune 500 pharmaceuticals company against claims under sections 10(b) and 20(a) related to the company’s statements regarding a drug that the FDA had not yet approved.
Class Action Litigation
- Represented four insurance companies in Kentucky federal court against class action clams challenging the insurers’ calculation and assessment of local government premium taxes, resolving the case on very favorable settlement terms.
- Defended insurance carriers in class action against insurance companies that used a software program to value personal injuries. The suit was brought in Arkansas state court.
- Defended insurance group against class allegations that the insurer improperly calculated premiums for uninsured/underinsured motorist coverage.
- Representing a foreign software company against a multibillion-dollar software giant in federal court in North Carolina. Multi-jurisdictional litigation involves critical issues of technology law, including copyright infringement, breach of licensing contracts, issues regarding the propriety of benchmarking and reverse engineering, and how similar laws are applied in the United States and the European Union.
- Prosecuting claims under the Computer Fraud and Abuse Act and the California Uniform Trade Secrets Act on behalf of client whose former employees took confidential information when they departed the company. This action is pending in California federal court.
- Represented a Fortune 500 cellular technology company against antitrust claims in New Jersey federal court. Successfully moved to dismiss for failure to state a claim, a decision that was ultimately overruled by the Third Circuit.
- New York Metro Super Lawyers "Rising Star" (2014, 2015)
- Ohio Super Lawyers "Rising Star" (2013)
American Bar Association
- Securities Litigation Committee
- M&A/Proxy Litigation Subcommittee: Co-Chair
New York City Bar Association
- Administrative Law Committee: Appointed Member
New York State Bar Association
California State Bar Association
- Representing a death row inmate in Georgia in federal habeas proceedings involving claims of ineffective assistance of counsel, prosecutorial misconduct, and constitutional violations related to the Georgia death penalty statute.
- Support the work of HerJustice by serving as pro bono counsel to New York City women seeking divorces.
- Assisted Amend.org, a non-profit organization that implements traffic safety programs in Uganda and Tanzania, in obtaining 501(c)(3) status.
- Served as counsel to the Martha Graham Dance Company in a successful appeal to the Second Circuit, where the court was considering issues regarding copyright and trademark infringement.
- Petitioned the United States Supreme Court for a writ of certiorari on behalf of an inmate in Kentucky, raising arguments regarding the prosecutor’s improper reliance on religion.
- Drafted state and federal habeas petitions and requests for clemency on behalf of death row inmates in Alabama, Indiana, and Illinois while working at the Midwest Center for Justice.
- J.D., University of Michigan Law School, 2004, cum laude, Order of the Coif, Campbell Moot Court Champion (2003-2004)
- B.A., Dartmouth College, 1998
by Jessie M. Gabriel
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