Jeff is a litigator with experience handling high-stakes commercial disputes, including merger and earnout litigation, securities class actions, and structured-finance matters. He represents plaintiffs and defendants in complex cases in federal and state courts, from initial proceedings through trial and appeal.
Representative Matters:
- Fortis Advisors: Represented the former shareholders of Auris Health, a revolutionary robotic surgery startup, in a merger earnout dispute with its acquiror, Johnson & Johnson. The former shareholders alleged that J&J breached the merger agreement and defrauded the shareholders, resulting in its failure to achieve certain earnout milestones. After four years of litigation—including approximately 70 depositions, nine experts, and a 10-day trial in the Delaware Court of Chancery—Selendy Gay obtained the largest earnout-related damages award in the history of Delaware. The team successfully defended the victory on appeal in the Delaware Supreme Court, upholding the trial court’s contract and fraud holdings and securing a final $811 million damages award against J&J.
- Albertsons: Represents Albertsons in a merger dispute against Kroger in the Delaware Court of Chancery, alleging that Kroger materially breached the Merger Agreement by failing to undertake efforts required under the specific terms of that agreement to secure regulatory approval and, additionally, by failing to pay the termination fee. Albertsons seeks in excess of $6 billion.
- Initial Coin Offering: Represented crypto-asset investors, in multiple class actions in the Southern District of New York against several of the world’s major crypto-asset exchanges and digital token issuers who allegedly offered and sold billions of dollars of unregistered digital tokens and other financial instruments to investors in violation of federal and state securities laws.
- U.S. Bank: Represented U.S. Bank, as trustee of ABSHE, in an action to recover hundreds of millions of dollars from DLJ and Ameriquest.
Prior to joining Selendy Gay, Jeff served as a Law Clerk for Judge Christopher R. Cooper for the U.S. District Court for the District of Columbia.
Jeff earned his J.D. from Yale Law School.
