Jessie M. Gabriel

Partner

New York
T +1 212.271.1508  |  F +1 212.589.4201

Jessie Gabriel works smartly and tirelessly to resolve shareholder disputes for her clients, which include public and private issuers, officers and directors, underwriters, and private equity firms. She also counsels her clients on ways to reduce litigation exposure through well-crafted investor agreements, insurance policies and corporate documents. Jessie is frequently invited to speak on the changing landscape of securities litigation and how it is increasingly intersecting with other fields of law. She co-chairs the Structured Products & Private Funds Subcommittee of the ABA's Securities Litigation Committee and will chair the securities program at the 2017 ABA Annual Meeting. 

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 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.

Select Experience

Securities Class Actions

  • Obtained dismissal of a claim under section 14 of the Securities Exchange Act of 1934 against an aircraft component manufacturer. Convinced the court that statements justifying the acquisition of another company were not false or misleading. (S.D.N.Y. 2017)
  • Obtained dismissal of class action claims against a publicly traded bank arising out of an alleged Ponzi scheme. The court adopted our arguments that the bank was not liable because it did not aid or participate in the scheme. (S.D. Ohio 2017)
  • Obtained dismissal of all federal securities claims against a public service provider in New York federal court. The 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. (S.D.N.Y. 2016)

Private Equity and Venture Capital Disputes

  • On behalf of a private equity fund, defended a portfolio company against a breach of contract action brought by third party investor. Negotiated a complex settlement involving multiple regulators that saved the portfolio company from bankruptcy.
  • Counseling a private equity sponsor regarding compliance and certification as a minority or women-owned business.
  • Advised a venture capital fund regarding how to obtain relief from “pay-to-play” provision in a portfolio company charter.
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Experience

Securities Class Actions
  • Obtained dismissal of a claim under section 14 of the Securities Exchange Act of 1934 against an aircraft component manufacturer. Convinced the court that statements justifying the acquisition of another company were not false or misleading. (S.D.N.Y. 2017)
  • Obtained dismissal of class action claims against a publicly traded bank arising out of an alleged Ponzi scheme. The court adopted out arguments that the bank was not liable because it did not aid or participate in the scheme. (S.D. Ohio 2017)
  • Obtained dismissal of all federal securities claims against a public service provider in New York federal court. The 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. (S.D.N.Y. 2016)
  • Defended a publicly held bank and its board of directors against an attempt to enjoin the shareholder vote on an acquisition of a privately held bank. Successfully negotiated a settlement on favorable terms to prevent delaying the consummation of the merger. (Col. Sup. Ct. 2016)
  • Currently representing a major nursing home operator and its executives in a securities class action and derivative suit brought by shareholders of a REIT that invested in the client’s real estate. Shareholders have brought claims under sections 10(b) and 20(a), and for breach of fiduciary duty. (N.D. Ohio; Cal. Sup. Ct.)
  • Represented a major financial institution that served as the underwriter of equity and debt offerings for multiple issuers against securities fraud claims arising out of those offerings. (E.D. Tex. 2016)
  • Obtained settlement of claims against the former CEO of a Texas-based energy company at no cost to the client. Company shareholders brought a class action in Texas federal court, under Sections 10(b) and 20(a), arising out of an earnings restatement. (E.D. Tex. 2015)
  • Represented 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. (E.D.N.Y. 2014)
  • 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.  
Private Equity and Venture Capital Disputes
  • On behalf of a private equity fund, defended a portfolio company against a breach of contract action brought by third party investor. Negotiated a complex settlement involving multiple regulators that saved the portfolio company from bankruptcy.
  • Counseling a private equity sponsor regarding compliance and certification as a minority or women-owned business.
  • Advised a venture capital fund regarding how to obtain relief from “pay-to-play” provision in a portfolio company charter.
  • Successfully represented the executive of a portfolio company that was taken public by private equity fund in internal investigation.
  • Counseled a portfolio company on avoiding disputes with early round investors.
High-Tech Litigation
  • Represented a foreign software company against a multibillion-dollar software giant in federal court in North Carolina. Multi-jurisdictional litigation involved 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. Obtained a summary judgment on critical claims for copyright infringement and tortious interference with a contract.
  • Brought claims under the Computer Fraud and Abuse Act and the California Uniform Trade Secrets Act on behalf of a client whose former employees took confidential information when they departed the company. Aggressively negotiated a resolution to ensure the protection of the client's data.
  • 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.

Recognitions

  • The Legal 500 United States (2016)
    • Recommended in Dispute Resolution: Securities Litigation – Defense
  • New York Metro Super Lawyers "Rising Star" (2014 to 2016)
  • Ohio Super Lawyers "Rising Star" (2013)

Memberships

  • American Bar Association
    • Securities Litigation Committee
      • Structured Products & Private Funds Subcommittee: Co-Chair
      • M&A/Proxy Litigation Subcommittee: Co-Chair (2014 to 2016)
    • Annual Meeting Securities Program: Chair (2017)
  • New York City Bar Association
    • Administrative Law Committee: Appointed Member 
  • New York State Bar Association
  • California State Bar Association

News

Pro Bono

  • 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.
  • Supported the work of HerJustice by serving as pro bono counsel to New York City women seeking divorces.
  • Assisted Amend.org, a nonprofit organization that implements traffic safety programs in Uganda and Tanzania, in obtaining 501(c)(3) status.
  • Served as counsel to the Martha Graham Dance Co. 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.

Services

Industries

Prior Positions

  • Cravath, Swaine & Moore LLP (2004 to 2006)
  • American Enterprise Institute (1999 to 2001)

Admissions

  • U.S. Court of Appeals, Second Circuit, 2012
  • U.S. Court of Appeals, Sixth Circuit, 2006
  • U.S. District Court, Eastern District of New York, 2011
  • U.S. District Court, Southern District of New York, 2011
  • U.S. District Court, Northern District of Ohio, 2009
  • U.S. District Court, Southern District of Ohio, 2007
  • California, 2010
  • New York, 2005
  • Ohio, 2006

Education

  • J.D., University of Michigan Law School, 2004, cum laude, Order of the Coif; Campbell Moot Court Champion; Executive Editor, Michigan Journal of Race & Law
  • B.A., Dartmouth College, 1998

Languages

  • Italian