Send to a friend

Faith E. Gay is Co-Chair of the Firm's National Trial Practice Group. She has been repeatedly recognized as one of the leading trial and appellate lawyers in the United States by Chambers USA, Best Lawyers in America, Corporate Counsel and Super Lawyers. Prior to entering private practice, she was Deputy Chief of the Special Prosecutions Unit and the Civil Rights Division while serving as an Assistant United States Attorney in the Eastern District of New York. She was twice awarded the Director's Award for Special Achievement in Trial Litigation by the Attorney General of the United States.

Ms. Gay has broad courtroom experience with more than 25 trials and 30 appellate arguments to her credit.  Her practice is focused upon complex civil litigation and corporate governance/white collar matters.  Ms. Gay's principal clients include Coca-Cola, Colgate, Home Depot, McDonald's, Morgan Stanley, Motorola, Nuance, Pfizer, Schwab and Wyeth. In recent years, Ms. Gay's civil matters - in which she has an undefeated record at trial - have focused in the areas of securities litigation, complex contractual and financing disputes, products liability, intellectual property and Alien Tort Statute claims.

In the white collar arena, she has represented corporations and individuals in investigations by the SEC, FINRA, DOJ, FDA, IRS, EPA, DOD and numerous attorneys general. Ms. Gay's SEC/FINRA experience includes OFAC and FCPA compliance and investigations; reporting and accounting issues involving registration, exemptions, proxy statements, private offerings, and related books and records requirements; options backdating; and investment-related distribution and advertising issues. She has also led internal investigations at the request of corporations, boards of directors, and special committees. No corporation or individual that Ms. Gay has represented while under investigation has ever been indicted.

Ms. Gay has also devoted significant time and energy to public interest litigation.  By way of example, she successfully defended a constitutional amendment establishing a state minimum wage before the Florida Supreme Court. She also recently represented New York Governor David Patterson in a victory the New York Times called "stunning" in upholding the appointment of Richard Ravitch as Lieutenant Governor.  More generally, she has litigated numerous white collar,  immigration and housing court matters on a pro bono basis during her 20+ year career.

National counsel for Coca-Cola in Alien Tort Claims Act litigation.

National trial counsel for Colgate in asbestos litigation matters.

Representation of Coca-Cola in Sinaltrainal v. Coca-Cola, 578 F.3d 1252 (11th Cir. 2009), which affirmed dismissal of all claims in an Alien Tort Claims Act and RICO complaint.  The decision includes a widely cited interpretation of Iqbal/Twombly.

Representation of Coca-Cola in Turedi v. Coca-Cola, 2009 WL 1956206 (2d Cir. 2009), which affirmed a forum non conveniens dismissal of all claims in an Alien Tort Claims Act and consumer fraud complaint.

Representation of Governor David Paterson in Skelos v. Paterson, 13 N.Y.3d 141; 915 N.E.2d, 1141 (2009), which upheld the governor’s authority to appoint Richard Ravitch lieutenant governor of New York in a constitutional case of first impression.

Representation of Coca-Cola and Energy Brands in the Vitamin Water class action.

Representation of McDonald’s in deceptive advertising claims litigation. 

Representation of Morgan Stanley in appeal/retrial of a billion dollar fraud claim relating to the sale of Sunbeam to Ron Perelman.  

Representation of Motorola in a multi-billion dollar trade secrets case brought by Willie Gary.

Representation of Nuance in Delaware and Virginia trials relating to complex royalties disputes.

Representation of Pfizer in a products liability complaint brought by Mark Lanier and designated as plaintiff’s lead case in an MDL proceeding encompassing claims that Pfizer’s Neurontin pain medication increases the risk of suicide.

Representation of Pfizer in Alien Tort Claims Act cases in the District of Connecticut, Southern District of New York, Second Circuit and United States Supreme Court.

Representation of Wyeth in Brusewitz v. Wyeth (No. 09-152), a case before the United States Supreme Court involving express preemption of design defect claims against manufacturers under the Vaccine Act.

Representation of Schwab in a Martin Act proceeding by the New York Attorney General relating to the implosion of the Auction Rate Securities market.

Representation of the Management Committee of a major national law firm in a Department of Justice investigation alleging mail fraud, breach of honest services and obstruction of justice.
 

Representation of a Special Audit Committee in connection with an investigation by the Department of Justice relating to stock option practices.
 

Representation of a Fortune 50 corporation and a leading German bank in a Department of Justice investigation alleging securities fraud, market manipulation and theft of confidential information.
 

Representation of a Fortune 100 pharmaceutical company in connection with a Department of Justice investigation alleging off-label drug promotion.
 

Representation of a Fortune 100 consumer products company in connection with a Department of Justice investigation alleging market manipulation.
 

Representation of a Fortune 100 data technology company in an internal investigation related to the misappropriation of trade secrets and misuse of confidential business information.
 

Representation of a Fortune 100 consumer products company in a Department of Justice investigation alleging antitrust violations.
 

Representation of Fortune 100, French and German companies in Foreign Corrupt Practices Act investigations.
 

Representation of a Greek shipping conglomerate in a Department of Justice investigation alleging environmental crimes.
 

Representation of a leading garment manufacturer in a bankruptcy fraud trial and related civil litigation.
 

Representation of a New York businessman in a Department of Justice investigation and trial alleging public corruption and theft of honest services.