David A. Gordon

Accountants and Professional Liability

Dave has represented each of the Big Four accounting firms, the next two largest accounting firms, several consulting firms, three coordinating entities of global networks of professional services firms, and many professional services firms outside the United States in more than 150 matters. Representative engagements include:

• Represented a China Big Four accounting firm in a high-profile, three-week administrative hearing brought by the Division of Enforcement of the SEC concerning the inability of five Chinese firms to produce audit workpapers from mainland China directly to the SEC. The matter settled after trial.
• Obtained dismissal of securities class action claims against a global coordinating entity arising out of audits of financial statements of a Greek maritime company in the United States District Court for the Southern District of New York.
• Obtained dismissal of 10b-5 class action claims brought against a China Big Four auditor of a Chinese technology company in the United States District Court for the Southern District of New York.
• Obtained dismissal of 10b-5 and Section 18 claims brought against a China Big Four auditor of a Chinese education company in the United States District Court for the Southern District of New York. Judgment affirmed by the United States Court of Appeals for the Second Circuit.
• Obtained dismissal of negligence claims against a Big Four auditor of a telecommunications company on statute of limitations and in pari delicto grounds in the United States District Court for the Northern District of Ohio.
• Obtained dismissal of 10b-5 class action claims brought against a Big Four auditor of a medical device company in the United States District Court for the Northern District of Illinois.
• Obtained summary judgment of 10b-5 and Section 11 class action claims brought against a Big Four auditor of a telecommunications company in the United States District Court for the Northern District of Illinois. 
• Obtained dismissal of charges against and reinstatements of individual accountants before an Illinois state regulator.
• Successfully defended firms and individuals in numerous confidential SEC and PCAOB investigations.
• Represented Andersen Worldwide, the coordinating entity of the Arthur Andersen network of professional services firms, in virtually all of its United States litigation for almost a decade, leading to the successful resolution of all of its matters. Most matters were dismissed, including the Worldcom class action in the United States District Court for the Southern District of New York. Others ended with early, favorable settlements, including the Enron class action in the United States District Court for the Southern District of Texas.
• Represent accounting firms in multiple securities class actions and professional malpractice claims.

Commercial Litigation and Disputes

Dave also has represented entities and individuals in a wide range of commercial litigation matters, including cases involving allegations of breach of contract, breach of fiduciary duty, defamation, fraud, fraudulent transfers, negligence, negligent misrepresentation, tortious interference, and unjust enrichment. Representative engagements include:

• Obtained a $62 million judgment for Chicago Loop Parking (owned by Morgan Stanley Infrastructure Partners) against the city of Chicago. Led a trial team that prevailed in an eight-day breach of contract arbitration hearing centering on expert testimony concerning regressions, market and pricing analyses, revenue projections, and valuation principles. Successfully argued in the Circuit Court of Cook County and Illinois Appellate Court that the city’s petition for a post-judgment reduction of the award to approximately $4 million should be rejected.
• Obtained complete defense awards on behalf of a professional services firm in three separate arbitrations involving fraud and fiduciary duty claims. After hearings of 15, 28, and four days, respectively, each panel rejected every claim asserted, including claims brought by more than 100 claimants alleging hundreds of millions of dollars in damages.
• Represented a global retail pharmacy company in a breach of contract claim against a blood testing company in the United States District Court for the District of Delaware. Obtained a favorable settlement after obtaining a denial of a motion to dismiss.
• Obtained dismissal of a $75 million breach of contract claim brought by an investment advisory firm against alleged successors to a substantial charitable trust in the United States District Court for the Southern District of New York.
• Obtained partial dismissal of contract and fraud claims brought against a public company and one of its senior officers in Missouri state court. Case settled favorably shortly thereafter.
• Secured voluntary dismissal of a defamation claim after briefing on a motion to dismiss in Illinois state court.
• Obtained dismissal of a breach of contract action arising out of an alleged employment relationship in Illinois state court.
• Successfully represented multiple major internet companies in consumer protection, terms of use, and contract matters.
• Represent a manufacturer in contract, products liability, and toxic tort matters.
• Represent insurance companies in class action, tort, contract, and employment matters.
• Assist companies in post-acquisition purchase price disputes.
• In numerous matters, provided substantial pre-litigation advice concerning contract, antitrust, and non-competition claims that led to favorable, non public resolutions.

Securities and Shareholder Litigation

Dave also is highly experienced in representing issuers, officers, and boards of directors in securities and shareholder matters. Although much of this work involves confidential government investigations, representative engagements include:

• Obtained dismissal of a shareholder derivative case based on alleged constructive refusal of demand by the board of directors of a public company in the United States District Court for the Northern District of Illinois.
• Obtained voluntary dismissal of a shareholder derivative complaint against a senior corporate officer of a public company after filing a motion to dismiss in the United States District Court for the Northern District of Illinois.
• Obtained favorable settlements for issuer and officers and directors in a putative Section 11 class action in the United States District Court for the Northern District of Illinois and in a shareholder derivative action in Illinois state court.
• Obtained dismissal of federal and state shareholder derivative cases brought against the former chief financial officer of a public company after a restatement of its financial statements in the United States District Court for the Northern District of Illinois and in Illinois state court.
• Obtained dismissal of federal shareholder derivative action claims for breach of fiduciary duty brought against a public company that had a negative “say-on-pay” vote under Dodd-Frank in the United States District Court for the Northern District of Illinois.
• Successfully represented the officers of a public company in stock options backdating litigation in the United States District Court for the Southern District of Florida.
• Represented an individual charged by the SEC with violating federal insider trading laws in the United States District Court for the Northern District of Illinois.
• Represent institutions and individuals in multiple securities class actions.

Most recently, Dave led a successful, high-profile challenge to the “public charge” rule, representing an immigrants’ rights organization and working with a team to win summary judgment against the Trump administration and obtain the nationwide vacatur of a rule that had forced immigrants to choose between obtaining de minimis public benefits and obtaining green cards. Previously, Dave has received the "Award for Excellence in Pro Bono Service" from the United States District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association for his service as lead counsel in a Section 1983 civil rights case, as well as the "Thomas H. Morsch Award for Pro Bono Achievement" for his representation of a criminal defendant on appeal and in a subsequent four-day trial in Illinois state court. Dave also has led several teams in obtaining successful outcomes in other Section 1983 cases, as well as numerous immigration matters, including obtaining political asylum in separate matters for a family from El Salvador, a Syrian medical student, a Syrian artist and, after a hearing, a survivor of domestic violence from Honduras. Dave also has prevailed at a trial before the Illinois Department of Children and Family Services.

• Dave serves on Sidley’s pro bono committee and recruiting committee. He formerly served as Chicago co-chair of Sidley’s committee for evaluating associates, as co-chair of the Chicago office mentoring program, and on Sidley’s committee for summer programs.
• Dave is a fellow of Leadership Greater Chicago.
• Dave is a board member of Ingenuity, which works to improve arts education for students in the Chicago Public Schools.
• Dave is a fellow of the American Bar Foundation.