Gerger, David

David Gerger

Partner

  Biography

David is Managing Partner of the Houston office and chair of the Houston White Collar and Corporate Investigations Group.

Freeing an innocent client is a high calling.  Over 25 years, David has handled hundreds of investigations, trials, and appeals for individuals and businesses, foreign and domestic, public and private. The biggest victory can be quietly stopping a case, and David has helped clients avoid charges in many DOJ, SEC, and other government investigations. But David is equally known for his courtroom victories in cases involving: antitrust, environmental, securities, immigration, commodities, banking, domestic or foreign bribery, elections, government contracting, and other areas.  David also is recruited to try civil cases, often to join or substitute for counsel before trial.

David is a Fellow of the American College of Trial Lawyers and the American Board of Criminal Lawyers and a former Federal Public Defender who has long been listed in “Best Lawyers in America” and “SuperLawyers.”  After graduating Yale College and University of Texas Law School, he clerked for two federal judges and practiced for 25 years before starting the Houston office of Quinn Emanuel Urquhart & Sullivan.

  Notable Representations

  • Currently represents the rig worker charged criminally in the Deepwater Horizon accident.
  • Acquittal in the "Marine Hose" International Price Fixing trial in West Palm Beach, Florida.
  • Successful defense of one of the largest will contests in Texas history.
  • Dismissal before trial of an indictment alleging commodities "manipulation."
  • Dismissal of all charges in the "Spring Shadows" psychiatry fraud trial after six months of trial.
  • The successful "Ahmad" Clean Water Act appeal, establishing that pollution is not a strict liability crime.
  • Defense of the "IFCO" immigration case, ending in dismissal of all felony charges.
  • Dismissal of a federal mortgage fraud indictment before trial.
  • On appeal, reversal of the 24 year prison sentence of Dynegy's Jamie Olis and, at new sentencing hearing, an 18-year reduction.
  • Successful defense of executives in stock options dating investigations.
  • Successful representation of many executives in investigations by government agencies (DOJ, SEC, IRS, EPA, CFTC, FERC, Texas Attorney General) concerning areas such as FCPA, environmental, tax, commodities trading, antitrust and trade sanctions in which prosecution was declined or no charges filed.
  • Defense of the Iraq "Oil-For-Food" Investigation.
  • Dismissal of mortgage fraud indictment before trial, Dallas County, Texas
  • Represented the CFO of Enron throughout civil, criminal, SEC, Congressional, and media crises after the company's collapse.

  Practice Areas

  • White Collar & Corporate Investigations
  • Appellate Practice
  • Energy Sector Disputes
  • Securities Litigation
  • Antitrust & Trade Regulation
  • Israel Practice

  Education

  • University of Texas
    (J.D., 1985)
    • Texas Law Review
      • Book Review Editor

  • Yale University
    (B.A., 1982)

  Admissions

The State Bar of Texas; United States Courts of Appeals: Fifth Circuit; United States District Courts: Southern District of Texas, Western District of Texas, Northern District of Texas

  Prior Associations

  • Gerger & Clarke:
    • Founder & Owner, 2004-2014

  • Foreman, DeGeurin, Nugent & Gerger:
    • 1994-2004

  • Assistant Federal Public Defender:
    • 1991-1993

  • Vinson & Elkins:
    • 1987-1991

  • Law Clerk to the Hon. Harry Lee Hudspeth:
    • United States District Court for the Western District of Texas, 1985-1986

  • Law Clerk to the Hon. Jerre Williams:
    • United States Court of Appeals for the Fifth Circuit, 1986-1987

  Awards

  • Super Lawyers, 2003-2014
  • Recognized as a leading practitioner in Best Lawyers

Publications and Lectures

  • David is Adjunct Professor at the University of Houston Law Center and a frequent speaker on criminal law around the country.  Publications and Lectures include:
  • SEC Enforcement Trends, RR Donnelly SEC Hot Topics Conference (2014).
  • Criminal Law in Business Torts, ALM (2014)
  • Antitrust, ABA Nat’l Institute (Miami 2014)
  • Ethics, Nat’l Assn of Criminal Defense Lawyers (Lake Tahoe 2013)
  • Pretrial Motions in White Collar Cases, ABA Nat’l Institute (Las Vegas 2013)
  • Representing Individuals, ABA White Collar Crime Nat'l Institute (Miami 2012)
  • Lessons from the IFCO Case, Am. Immigration Lawyers Ass'n (Costa Rica 2012)
  • Antitrust Defense, Nat'l Assn of Criminal Defense Lawyers (Lake Tahoe 2011)
  • Lessons from the Marine Hose Trial, ABA Energy Law Conference (Houston 2011)
  • Fundamentals of White Collar Investigations & Defense, ABA White Collar Crime Nat'l Institute (San Diego 2011)
  • Criminal Antitrust Issues from Indictment to Trial, ABA Criminal Practice Comm. (Dallas 2011)
  • Hands Up: What the Government and Your Employees are Thinking During a Criminal Investigation; Institute for Energy Law Oil & Gas Conf. (Houston 2011)
  • White Collar Sentencing, Nat'l Ass'n of Criminal Defense Lawyers (New York 2011)
  • Caught on Videotape: The Trial of a Cartel Case, Houston Bar Association (2010)
  • Ethical Issues in SEC Representation, Houston Bar Ass’n (2010)
  • Trial of a Probate Case, Houston (2010)
  • Immigration Crime, State Bar of Texas (2010)
  • Emerging Issues in White Collar Criminal Law, Louisiana State Bar Ass’n, New Orleans (2009)
  • Criminal Issues in Civil Cases, State Bar of Texas Advanced Civil Trial Course, San Antonio (2009)
  • Use and Abuse of Experts in “Loss” Calculations, Nat’l Ass’n of Criminal Defense Lawyers (San Francisco - 2007) (with Joseph Grundfest)
  • “Loss” in Securities Cases, Houston Bar Ass’n (2007)
  • Criminal Issues for the Civil Practitioner, State Bar of Texas Advanced Civil Trial Course (2006)
  • Securities Fraud, ABA National Institute, Washington, D.C. (2006)
  • Inside U.S. v. Skilling & Lay, Georgetown Univ. Law Center/Nat’l Ass’n of Criminal Defense Lawyers, Washington, D.C. (2006)
  • Crimes You Never Heard Of: The Criminalizing of Business Practices, North American Power Credit Organization (2006)
  • New Trends in Criminal Law, University of Texas 28th  Corp. Counsel Inst., (2006)
  • Criminal Law Issues in Civil Cases, South Texas College of Law Advanced Seminar (2006)
  • Trial Tactics, National Ass’n of Criminal Defense Lawyers Advanced Course, Aspen, Colo. (Jan. 2006)
  • How Do You Say No? Responding to a Search, Arrest, or Other Close Encounter with the Police, 43 Houston Lawyer 3 at 23 (2005)
  • Pleas & Sentences after Booker, Georgetown Univ. Law Center/National Ass’n of Criminal Defense Lawyers Seminar (2005)
  • Areas of Criminal Liability in the Energy Industry, A.B.A. Energy Litigation Conference (2004)
  • Lessons to Be Learned and Trends in Corporate Criminal Prosecution, KPMG Insights Seminar (2004)
  • Controversy Over the Sentencing Mis-Guidelines, 20 Texas Lawyer No. 28 at 41 (2004)
  • Federal Criminal Law, Texas Criminal Defense Lawyers’ Ass’n Conference (2004)
  • How New Laws on Obstruction of Justice are Affecting Business, Houston Business Journal (2004)
  • Obstruction of Justice, Texas General Counsel Forum (2004)

Professional Activities

  • Fellow, American College of Trial Lawyers
  • Fellow, American Board of Criminal Lawyers
  • Board Member, Texas Appleseed
  • Member (former), U.S. Magistrate Judge Selection/Review Committee
  • Member (former), Federal Public Defender Selection Committee in the Southern District of Texas