EXPERIENCE

As counsel in the Litigation Department, Gary R. Carney focuses on handling class action and other complex commercial litigations, particularly in the area of antitrust litigation.

For many years, Gary has played a leading role in a number of significant cases for a global payment card company. These matters include a Justice Department enforcement action tried over three months in New York federal court, several of the country’s largest class actions brought against the payment card industry by putative classes of millions of merchants,  multistate consumer class actions filed under state antitrust and consumer protection statutes, and putative class actions challenging ATM network rules. Gary has also served as a lead counsel in antitrust litigations for clients in a broad range of industries such as automotive parts, financial services, magazine publishing, equipment leasing and workers’ compensation insurance.  He  has substantial complex commercial litigation experience, representing several major investment banks and broker-dealers in securities and RICO cases arising out of both securities offerings and trading practices, one of the country’s largest cable television networks in a trial before the FCC, and portfolio companies of private equity firms in merger and acquisition cases. Gary has substantial trial experience, including as part of the trial team that secured a full defense jury verdict on behalf of a global financial institution defending against a multi-billion dollar fraud claim brought by the owners of the EMI recording company, and as one of the primary trial counsel in a fair valuation case in Delaware Chancery Court.  Recently, Gary has played a lead role for a client in the real estate industry facing a federal and state government investigation into purported unfair practices. 

From 1989 to 1990, Mr. Carney was an associate counsel to the President's Commission on Aviation Security and Terrorism, which undertook wide-ranging investigation of aviation security issues (prompted by the bombing of Pan Am Flight 103 over Scotland in 1988) and initiated a series of federal statutory and regulatory enhancements in the area.

Mr. Carney presently is a member of the Antitrust and Litigation Sections of the American Bar Association and the Commercial and Federal Litigation Section of the New York State Bar Association.