GIDEON A. SCHOR

Partner
 
Securities Litigation
Business Litigation & Counseling
Corporate Law & Governance
Global Generics
Internal & Government Investigations
Litigation
White Collar Crime

EXPERIENCE:

Gideon Schor is a partner in the firm's New York office, where his practice focuses on securities and commercial litigation, intellectual property, appeals, compliance matters, white collar crime, and internal investigations.

As a securities litigator, Gideon has had numerous victories, including dismissal of a Section 11 action against Xinhua Finance Media in the Southern District of New York, dismissal of an M&A action against Goldman Sachs in Hawaii state court (followed by a fee award to Goldman Sachs of $1.1 million), and dismissal of a derivative action against Hewlett-Packard in the Northern District of California followed by an affirmance in the Ninth Circuit. In Delaware M&A actions against 3Com, Gideon won a denial of expedition followed by a denial of both expedition and interlocutory appeal. In 2007-08, Gideon represented Facebook and Mark Zuckerberg in Facebook et al. v. Eduardo Saverin. Currently, Gideon represents Google and its directors in class action and derivative litigation in the Delaware Court of Chancery.

As an appellate litigator, Gideon has won dozens of cases. Most recently, Gideon persuaded the Second Circuit to vacate a decision denying recovery against a preliminary injunction bond. Adopting Gideon's argument, the court concluded that the American Rule does not bar recovery of attorney's fees spent complying with a wrongful preliminary injunction—the first such holding in the federal courts. On remand, the district court granted recovery of the bond in full, and Gideon persuaded the Second Circuit to affirm.

In the U.S. Supreme Court, Gideon successfully petitioned for certiorari and argued in U.S. ex rel. Eisenstein v. City of New York, which concerned appellate jurisdiction. Gideon has also made numerous amicus filings, including a brief on behalf of geneticist Eric Lander that the Justices mentioned repeatedly at oral argument in Ass'n for Molecular Pathology v. Myriad Genetics (AMP). The arguments adopted by the AMP Court mirror those in Gideon's amicus brief.

Gideon joined Wilson Sonsini Goodrich & Rosati from Credit Suisse First Boston (CSFB), where he served as director of litigation for the Americas from 2003 to 2005. During his tenure, he was responsible for the company's civil litigation docket in North and South America, specializing in securities underwriting, investment banking, derivatives, asset management, and real estate. He conducted numerous internal investigations, chaired CSFB's e-discovery project, and worked with counsel at other banks on industry-wide matters.

Prior to CSFB, Gideon spent 13 years in the civil division of the U.S. Attorney's Office for the Southern District of New York, where he was appointed chief appellate attorney in 1999. He supervised all of the federal government's civil appellate litigation in the U.S. Court of Appeals for the Second Circuit, including recommendations to the U.S. Solicitor General concerning Supreme Court review. Besides litigating more than 200 appeals, he maintained a steady trial practice, representing dozens of federal agencies in complex regulatory and constitutional matters and focusing on commercial fraud, the False Claims Act, and civil RICO. In 2001, he received the Justice Department's Award for Superior Performance. His work in the government resulted in 99 reported decisions and 50 other Web-accessible decisions.

From 1989 to 1990, Gideon clerked for the Honorable J. Edward Lumbard of the U.S. Court of Appeals for the Second Circuit.

A frequent lecturer on electronic discovery, Gideon has been an adjunct professor at New York Law School and Fordham Law School, where he taught conflict of laws and legal writing, respectively. Gideon has also served on the Amicus Committee of the Securities Industry Association.

SELECT CLIENTS:
  • 3Com
  • Allot Communications
  • Bank of New York
  • Broad Institute of Harvard and MIT
  • Caris Diagnostics
  • Cineplex Entertainment
  • Clear Channel
  • Credit Suisse
  • Dr. Eric Lander
  • Facebook
  • Franklin Templeton
  • Goldman Sachs
  • Google
  • Hewlett-Packard
  • InterDigital
  • Live Nation
  • Mohr, Davidow Ventures
  • Mylan Laboratories
  • NCsoft
  • NetApp
  • Perlegen Sciences
  • Stryker
  • Xinhua Finance Media
EDUCATION:
  • J.D., Harvard Law School, 1989
    Cum Laude
  • A.B., Classics and History, Harvard College, 1985
    Magna Cum Laude; Corey Prize for excellence in classical studies and archeology
ASSOCIATIONS AND MEMBERSHIPS:
  • Member, Securities Industry and Financial Markets Association, Compliance and Legal Division
  • Member, American Bar Association
  • Member, New York State Bar Association (and member of its Task Force on State Court Appeals)
  • Past Member, Association of Corporate Counsel
  • Adjunct Professor, New York Law School. Course: Domestic and International Conflict of Laws
  • Adjunct Associate Professor, Fordham Law School. Course: Legal Writing
SELECT SPEAKING ENGAGEMENTS AND ARTICLES:
  • "Attorney: Myriad Decision Shows SCOTUS Striking Necessary Patent Law Balance," Corporate Law Report, JD Supra, June 14, 2013
  • "SCOTUS: Human Genes Cannot Be Patented. Is This the End or Beginning of Genetic Research?" JD Supra Law News, June 13, 2013
  • "Risk Disclosure and Liability Issues," Drafting Securities Filings 2012, Practising Law Institute, New York, New York, September 28, 2012
  • "Risk Disclosure and Liability Issues," Drafting Securities Filings 2010, Practising Law Institute, New York, New York, October 15, 2010
  • "Risk Factor Disclosure," Securities Filings 2009, Practising Law Institute, New York, New York, October 16, 2009
  • "Risk Factor Disclosure," Securities Filings 2008, Practising Law Institute, New York, New York, October 17, 2008
  • "Risk Factor Disclosure: The Litigation Perspective," Securities Filings 2007, Practising Law Institute, New York, New York, October 19, 2007
  • "Internal Investigations," Presentation to Israel Securities Authority, New York, New York, June 6, 2007
  • "Day to Day Management of Legal Holds and Discovery," Discovery Essentials Boot Camp, New York, New York, June 7, 2006
  • "Finding and Leveraging Talent — Ramping Up Your Team," Plan of Action Series, Global Retention Programs, Webcast May 9, 2006
  • "E-Discovery and E-Document Retention: Perspectives, Cases, Requirements, Strategies," Greater New York Hospital Association Briefing on Record Management Strategies and E-Discovery Developments, New York, New York, February 9, 2006
  • "New Expectations for Process Integrity & Efficiency," From Retention to Preservation Conference, New York, New York, January 26, 2006
  • "The Due Diligence and Reliance Defenses in WorldCom: Retrospect and Prospect," 33rd Annual Securities Regulation Institute, Northwestern University School of Law, Coronado, California, January 19, 2006
  • "Creating and Enforcing Successful Document Retention and Preservation Policies," Internal and Government Investigations Conference, New York, New York, November 11, 2005
  • "Taming the e-Discovery Beast: Creating and Implementing a Data Life-Cycle Management Policy," Legal and Strategic Guide to e-Discovery Conference, New York, New York, September 29, 2005
  • "Corporate Strategies and Best Practices for Information Preservation and Production," New Standards in Discovery Conference, New York, New York, July 12, 2005
  • "E-Discovery and Records Management Issues," Meeting the Challenges of Today's Electronic Discovery Conference, New York, New York, February 3, 2005
  • "Best Practices for Managing and Preserving Electronic Information," Legal and Strategic Guide to e-Discovery Conference, New York, New York, November 11, 2004
ADMISSIONS:
  • Bar of the District of Columbia
  • State Bar of New Jersey
  • State Bar of New York
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of Michigan
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Supreme Court

Contact Information

1301 Avenue of the Americas
40th Floor
New York, NY 10019
Phone | 212-497-7753
Fax | 212-999-5899

Email | Gideon Schorgschor@wsgr.com

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