Steven G. Gersten

Steven Gersten is an associate in the Business Trial Practice Group in the firm’s Dallas office.

Overview

Steven solves clients’ problems by quickly mastering the facts and the law and weaving them together to develop big-picture strategies and compelling presentations to achieve client-focused wins.  He keeps an active trial practice, representing parties in complex business litigation in state, federal, and bankruptcy courts, arbitrations, and white collar defense and investigations.

Steven graduated magna cum laude from Washington University in St. Louis School, where he externed for the Honorable Raymond W. Gruender of the United States Court of Appeals for the Eighth Circuit,  served as a Senior Staff Editor on the Washington University Law Review, was a two-time member of the National Moot Court team, and received the Judge Amandus Brackman Moot Court Award.

Bankruptcy Litigation

As a member of the firm’s Bankruptcy Litigation practice, Steven advises debtors, creditors, and liquidating trustees on contested matters in complex Chapter 11 and Chapter 7 cases.  He was a key member of the litigation teams in the Seadrill Partners LLC and Alpha Media cases, the latter of which was recognized as the Turnaround Management Association’s “Large Company Turnaround of the Year” in 2021, and played key roles in successfully suing the Small Business Administration to enable multiple clients to obtain Payment Protection Plan loans despite still being in bankruptcy.

Complex Commercial Litigation

A true generalist, Steven represents clients big and small embroiled in high-stakes business litigation in state and federal courts, as well as arbitration.  His clients span a range of industries, including telecom,  transportation, aerospace and defense, software development, and healthcare, and he routinely represents them in matters involving complex contractual disputes, securities fraud, partnership disputes, trade secrets, restrictive covenant litigation, and defamation.  Steven also regularly represents commercial real estate clients, including companies, banks, private lenders, and special servicers, in commercial disputes involving land use issues, contractual covenants, financial instruments, and commercial loan enforcement.

Steven’s experience covers the entire litigation process, from pre-suit through trial or settlement, including significant wins for clients seeking or facing emergency injunctive relief.  Steven’s substantial experience with document collection and electronic discovery across a wide array of clients allows him to help clients navigate the oft-burdensome discovery process as efficiently as possible, helping to minimize discovery-related litigation costs and business interruptions.  In all cases, Steven channels his competitive nature to quickly become an expert on his clients’ businesses and the legal matters at hand, while leveraging his experience and mastery of details to spot legal issues and formulate big picture strategies tailored to each clients’ unique needs.

White Collar Criminal Defense and Investigations

In addition to his active litigation docket—and, at time, in tandem with it—Steven represents clients in civil and criminal matters prosecuted by federal and state agencies, with an emphasis on matters involving the False Claims Act.  For the first few years of his career, Steven worked with a team led by a former U.S. Attorney for the Northern District of Texas and represented companies and individuals involved in DOJ and SEC investigations.  Later, he served as a key team member for the court-appointed compliance monitor of a Chinese telecom company, where he led teams of lawyers and consultants conducting audits with a focus on international export controls and trade regulations administered by BIS and OFAC.

In connection with this work, Steven has become a seasoned investigator, with substantial experience managing and participating in multinational investigations with sensitive timelines and deliverables, many of which implicated potential liabilities in the tens- if not hundreds-of-millions of dollars.  He has conducted thousands of witness interview, authored investigation reports, and advised general counsels and special board committees on an array of legal issues, including fraud allegations, false statements, corporate ethics issues, securities violations, and disclosure obligations.

Honors

‘Large Company Turnaround of the Year Award’ for service as lead restructuring counsel to Alpha Media, Turnaround Management Association’s Chicago/Midwest Chapter, 2021

Articles

Finance and Bankruptcy Law Blog Posts

• "A Bankruptcy Conundrum: When You Must Seek Relief To Seek Relief," June 28, 2021